DISTRICT CODE OF CONDUCT-Part B

Policy Text

V. Student Dress Code

Individual students and parents have the responsibility for student dress and general appearance. Students are required to attend school in appropriate attire that also meets health and safety standards and does not interfere with the educational process. Clothing that contains sexual innuendo, that glorifies or promotes drug, alcohol, or tobacco use, or violence, and/or is otherwise materially disruptive to the learning environment, as determined by the building principal or his/her designee, is prohibited.

Students are required to wear appropriate protective gear in certain classes (i.e. home and careers, technology, P.E.), as directed by the teacher. All undergarments must be covered, and apparel should be respectful of the student and of others in school, on school grounds, and at school activities, Furthermore, a student’s attire should not create, or be reasonably anticipated to create, a material disruption to the learning environment, as determined by the building principal or his/her designee.

Hats, clothing, attire and other articles which have an expression (phrase, word or words) or insignia (picture, symbol, patch, or pin) which is obscene, sexually suggestive, or libelous (that is, which contains objectionable language, including insults, whether directed to themselves or others), or which advocates racial, religious, gender, age, disability, or sexual orientation prejudice is forbidden. Hats and coats may be worn in the hallways. However, individual teachers may prohibit students from wearing hats or coats in the classroom. Appropriate footwear must be worn. Footwear that is a safety hazard, in terms of walking and/or participating in specific activities, will not be allowed.

If found wearing such attire, the student will be required to change clothes prior to returning to class. Any student who repeatedly fails to comply with the dress code shall be subject to further discipline.

VI. Prohibited Student Conduct

The Board of Education expects all students to conduct themselves in an appropriate and civil manner, with proper regard for the rights and welfare of other students, district personnel and other members of the school community, and for the care of school facilities and equipment.

The best discipline is self-imposed, and students must learn to assume and accept responsibility for their own behavior, as well as the consequences of their misbehavior. District personnel who interact with students are expected to use disciplinary action only when necessary and to place emphasis on the students’ ability to grow in self-discipline.

The Board recognizes the need to make its expectations for student conduct while on school property or engaged in a school function specific and clear. The rules of conduct listed below are intended to do that and focus on safety and respect for the rights and property of others. Students who will not accept responsibility for their own behavior and who violate these school rules will be required to accept the penalties for their conduct.

Students may be subject to disciplinary action, up to and including suspension from school, when they:

Engage in conduct that is disorderly. Examples of disorderly conduct include:

Running in hallways.

Making unreasonable noise.

Using language or gestures that are profane, lewd, vulgar or abusive.

Obstructing vehicular or pedestrian traffic, or reckless driving.

Engaging in any willful act which disrupts the normal operation of the school community.

Trespassing - Students are not permitted in any school building, other than the one they regularly attend, without permission from the administrator in charge of the building.

Trespassing - Students are not permitted to be in any unauthorized area of any school building without permission from the administrator in charge of the building.

Computer/electronic communications misuse, including any unauthorized use of computers, software, or internet/intranet account; accessing inappropriate web sites; or any other violation of the district’s acceptable use policy.

Engage in conduct that is insubordinate. Examples of insubordinate conduct include:

Failing to comply with the reasonable directions of teachers, school administrators or other school employees in charge of students or otherwise demonstrating disrespect.

Lateness for, missing or leaving school without permission.

Skipping detention.

Engage in conduct that is disruptive. Examples of disruptive conduct include:

Failing to comply with the reasonable directions of teachers, school administrators or other school personnel in charge of students.

Interrupting or interfering with the orderly conduct of classes, school programs or school activities.

Engage in conduct that is violent. Examples of violent conduct include:

Committing or threatening an act of violence (such as hitting, kicking, pushing, shoving, wrestling, punching, spitting and scratching) upon a teacher, administrator or other school employee or attempting to do so.

Committing or threatening an act of violence (such as hitting, kicking, punching, spitting and scratching) upon another student or any other person lawfully on school property or attempting to do so.

Possessing a weapon. Authorized law enforcement officials are the only persons permitted to have a weapon in their possession while on school property or at a school function.

Displaying what appears to be a weapon.

Threatening to use any weapon.

Intentionally damaging or destroying the personal property of a student, teacher, administrator, other district employee or any person lawfully on school property, including graffiti or arson.

Intentionally damaging or destroying school district property.

Engage in any conduct that endangers the safety, morals, health or welfare of others. Examples of such conduct include:

Lying to school personnel.

Conspiring to violate the Code of Conduct.

Stealing the property of other students, school personnel or any other person lawfully on school property or attending a school function.

Defaming, which includes making false or unprivileged statements or representations about an individual or identifiable group of individuals that harm the reputation of the person or the identifiable group by demeaning them.

Discriminating, which includes the use of race, color, creed, national origin, religion, gender or sexual orientation (refer to BOE Policy 0120) or disability as a basis for treating another in a negative manner.

Bullying, including cyberbullying (refer to section IX of this policy), and harassment, sexual (refer to BOE Policy 0120) or otherwise (refer to section IX of this policy), which involves a sufficiently severe action or a persistent, pervasive pattern of actions or statements directed at an identifiable individual or group which are intended to be, or which a reasonable person would perceive as, ridiculing or demeaning.

Intimidation (refer to section IX of this policy), which includes engaging in actions or statements that put an individual in fear of bodily harm.

Hazing (refer to section IX of this policy ), which includes any intentional or reckless act directed against another for the purpose of initiation into, affiliating with or maintaining membership in any school sponsored activity, organization, club or team.

Selling, using, displaying or possessing obscene material, including but not limited to the sending or receiving of sexually explicit messages or photographs, primarily between mobile phones or other electronic devices.

Using vulgar or abusive language or gestures, cursing or swearing.

Smoking a cigarette, cigar, pipe or using chewing or smokeless tobacco, or using an e-cigarette/vaping.

Using and/or displaying all forms of radios, walkman-style tape, CD, or DVD players, audio and/or video recorders, laptop computers, external speakers, pagers, digital music players, cell phones (including, but not limited to, talking, text messaging, message playing, ring-tone playing, game playing, music playing, audio recording, picture taking and video taking), electronic games, and similar items during school hours. These have been determined to be a potential disruption to the school learning process. Using and/or displaying these items during school hours is generally prohibited in school, with the following exceptions:

Music players with a headset are permitted to be used by high school students only in a scheduled high school lounge, in the high school hallways, during a scheduled lunch period in the high school cafeteria, or by K-12 students on District transportation.

Cell phones are permitted to be used by high school students only in a scheduled high school lounge or during a scheduled lunch period in the high school cafeteria, by middle school and high school students in the classroom for academic purposes upon the teacher’s express prior permission, or by K-12 students on District transportation

Listening to music with a headset in high school and middle school classrooms only with the prior approval of the teacher.

Using laptop computers in high school and middle school classrooms only with the prior approval of the building principal or his/her designee.

Electronic games and other digital devices with age-appropriate content are permitted to be used by K-12 students on District transportation. Digital content that includes sexual innuendo, that glorifies or promotes drug, alcohol, tobacco use, or violence, that is offensive to, or disrespectful of the privacy of, other students, and that is materially disruptive, is not permitted to be used thereupon. Use of digital media on District transportation must be personal and individual, and not be unwillingly shared with others on the bus.

No recording, broadcasting, and/or playback equipment or materials, including but not limited to video recorders, cameras, cell phone cameras, tape recorders, or videophones, are permitted to be used in school, on school grounds, and/or at school events without prior teacher or administrator approval. No recording, broadcasting, and/or playback equipment or materials, including but not limited to video recorders, cameras, cell phone cameras, tape recorders, or videophones, are permitted to be used in school, on school grounds, and/or at school events without prior teacher or administrator approval. Such use includes, but is not limited to, the uploading, on-line posting, texting, and/or any other form of sharing of such content with one or more individuals, through any current or future method, medium or technology. In the event that such prohibited equipment is used or is used in a way that is prohibited, a teacher or any other member of the staff will see that the recording equipment, including content if applicable, is turned in to the main office and kept there until the end of the day. Repeated incidents, or possession of recording equipment containing content, will require a parent conference in order to retrieve the confiscated items. The District reserves the right to confiscate and retain equipment that is reasonably suspected of having been used to record, to receive and/or to transmit visual or auditory content that might be a violation of law, for review and determination by law enforcement officials.

Using skateboards, roller skates, in-line skates, scooters or other similar items recreationally in school or on school grounds. In the interest of personal and traffic safety, using these items is prohibited in school and on school grounds at all times. In the event that such prohibited items are used, a teacher or any other member of the staff will see that the items are turned in to the main office and kept there until the end of the day. Repeated incidents will require a parent conference in order to retrieve the confiscated items.

Gambling.

Demonstrating public displays of affection beyond handholding that are otherwise materially disruptive to the learning environment, as determined by the building principal or his/her designee.

Indecent exposure, that is, exposure to sight of the private parts of the body in a lewd or indecent manner.

Initiating a report warning of fire or other catastrophe without valid cause, misuse of 911, or discharging a fire extinguisher.

Engage in misconduct while on a school bus. It is crucial for students to behave appropriately while riding on district buses to ensure their safety and that of other passengers and to avoid distracting the bus driver. Students are required to conduct themselves on the bus in a manner consistent with established standards for classroom behavior. Excessive noise, pushing, shoving and fighting will not be tolerated.

Engage in any form of academic misconduct. Examples of academic misconduct include:

Plagiarism.

Cheating.

Copying.

Altering records.

Computer or electronic communications misuse.

Assisting another student in any of the above actions.

Engage in conduct that is committed off school premises or at non-school sponsored activities to the extent that the Superintendent of Schools and/or the Board of Education believes that the continued attendance in school of the student would constitute an endangerment to the health, safety, welfare or morals of the students and/or others in the schools.

VII. Reporting Violations

We live in a time when we must pay increased attention to the conversations that our children have with us and with their friends. This includes all conversations and comments that mention or imply the threat of physical harm to an individual or a group. These remarks should be immediately reported to an appropriate adult, i.e. a parent and/or a teacher and, ultimately, to a school official. It is important that students, parents, and staff understand that any threat of violence, even one seemingly made jokingly or in a casual manner, is a cause for concern and will be treated seriously by Rhinebeck school authorities.

In addition, all students are expected to promptly report other violations of the code of conduct to a teacher, guidance counselor, the assistant principal, the building principal or his or her designee. Any student observing a student possessing a weapon, alcohol or illegal substance on school property or at a school function shall report this information immediately to a teacher, the assistant principal, the building principal, the principal’s designee or the superintendent.

All district staff who are authorized to impose disciplinary sanctions are expected to do so in a prompt, fair and lawful manner. District staff who are not authorized to impose disciplinary sanctions are expected to promptly report violations of the code of conduct to their supervisor, who shall in turn impose an appropriate disciplinary sanction, if so authorized, or refer the matter to a staff member who is authorized to impose an appropriate sanction.

Any weapon, tobacco product, alcohol or illegal substance found shall be confiscated immediately, if possible, followed by notification to the parent of the student involved and the appropriate disciplinary sanction if warranted, which may include permanent suspension and referral for prosecution.

The building principal or his or her designee must notify the appropriate local law enforcement agency of those code violations that constitute a crime and substantially affect the order or security of a school as soon as practical, but in no event later than the close of business the day the principal or his or her designee learns of the violation. The notification may be made by telephone, followed by a letter to the contacted law enforcement agency. The notification must identify the student and explain the conduct that violated the code of conduct and constituted a crime.

Notification of these types of code violations will be communicated to the building staff on a need-to-know basis, in consideration of the confidentiality rights of the student who violated the code of conduct.

When addressing student behaviors that may impede learning, school personnel should consider a range of positive supports, strategies, and interventions before removals and suspensions. Discipline policies, practices, and behavioral intervention plans should include a variety of interventions. These may include addressing a student’s motivation, social skills, and problem-solving abilities, and using positive reinforcement and logical consequences.

Discipline is most effective when it deals directly with the problem at the time and place it occurs, and in a way that students view as fair and impartial. School personnel who interact with students are expected to use disciplinary action only

when necessary and to place emphasis on the students’ ability to grow in self-discipline.

Disciplinary action, when necessary, will be firm, fair and consistent so as to be the most effective in changing student behavior. In determining the appropriate disciplinary action, school personnel authorized to impose disciplinary penalties will consider the following:

The student’s age.

The nature of the offense and the circumstances which led to the offense.

The student’s prior disciplinary record.

The effectiveness of other forms of discipline.

Information from parents, teachers and/or others, as appropriate.

Other extenuating circumstances.

As a general rule, discipline will be progressive. This means that a student’s first violation will usually merit a lighter penalty than subsequent violations.

If the conduct of a student is related to a disability or suspected disability under IDEA, Article 89, and the Part 200 Regulations, copies of which are available by

contacting the Director of Special Education, the student shall be referred to the

Committee on Special Education. Discipline, if warranted, shall be administered consistent with the separate requirements of this code of conduct for disciplining

students with a disability or presumed to have a disability. A student identified as having a disability shall not be disciplined for behavior related to his/her disability. The relationship between the disciplinary infraction and the disability shall require a determination by the Committee on Special Education.

A. Interventions

Students who are found to have violated the district’s code of conduct may be subject to the following interventions, either alone or in combination. These interventions are not necessarily listed in sequential order. The school personnel identified after each intervention are authorized to provide or arrange for the provision of that intervention.

Positive alternatives, such as: - any member of the district staff

student motivation

social skills

problem-solving skills

positive reinforcements

logical consequences

anger management

conflict resolution, and

behavior management techniques

Team therapeutic intervention – social worker, guidance counselor, school psychologist

Utilization of appropriate temporary settings – any member of the district staff

B. Consequences

Students who are found to have violated the district’s code of conduct may be subject to the following consequences, either alone or in combination. The school personnel identified after each consequence are authorized to impose that consequence, consistent with the student’s right to due process. Administrators seeking to address a particular code infraction with a penalty that is outside the range of consequences designated for that infraction must first consult with the superintendent of schools to review the unique and/or extenuating circumstances that might justify such a deviation.

Short-term (five days or less) suspension from school, which includes suspension from athletic participation and from social or extracurricular activities – principal, superintendent, board of education, consistent with Education Law §3214 and §2801

Long-term (more than five days) suspension from school, which includes suspension from athletic participation and from social or extracurricular activities – superintendent, board of education

Permanent suspension from school – superintendent, board of education.

C. Infractions with Consequence References

Disturbances that disrupt instruction. (1, 2, 3, 4, 8, 9, 11)

Repeated disruption and/or substantial interference with the teacher’s authority in class, giving rise to removal on four or more occasions per semester. (11, 12)

Abusive language and/or indecent gestures directed at staff, students or visitors on school grounds or at school functions. (1, 2, 3, 4, 8, 9, 11)

Dress or grooming that is inappropriate as described in this code. (1, 2, 3, 4)

Abusive and/or indecent language and/or gestures directed at school employees or students on school grounds or at school functions which provoke a fight. (2, 3, 4, 8, 9, 11)

Willful failure to obey the reasonable directives of school staff (insubordination), including directives not to engage in conduct otherwise referenced as an infraction in this code and for failing to notify a parent of assignment to detention. (1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12)

Fighting between students where no dangerous instruments are involved and no person is injured in the altercation. (4, 9, 11)

Fighting between students where harm is caused to one or more of the combatants. (4, 9, 11, 12, 13)

A fight involving the use or threatened use of a dangerous or deadly weapon or dangerous object. (11, 12, 13)

Any violent act or threat of a violent act against a teacher or other staff member, as described in this code. (4, 11, 12, 13)

Any violent act or threat of a violent act against another student or person in the schools or at a school function, as described in this code. (4, 11, 12, 13)

Possession of dangerous or deadly weapons or dangerous objects on school property. (4, 11, 12, 13)

Possession of illegal drugs, dangerous drugs, counterfeit drugs, alcohol, unauthorized prescription drugs, a substance that the individual believes or represents to be such drugs or alcohol, or drug paraphernalia, at school or at school functions. (11, 12, 13)

Use of illegal drugs, dangerous drugs, counterfeit drugs, alcohol, unauthorized prescription drugs, a substance that the individual believes or represents to be such drugs or alcohol, or drug paraphernalia, at school or while attending school functions. (11, 12, 13)

Sale, sharing, or other distribution of illegal drugs, dangerous drugs, counterfeit drugs, alcohol, unauthorized prescription drugs, or a substance that the individual believes or represents to be such drugs or alcohol, at school or while at school functions. (11, 12, 13)

Use or misuse, sale, sharing or distribution of prescription or over-the-counter drugs without the supervision of the school nurse or the building administrator, at school or while at school functions. (1, 2, 3, 4, 11, 12, 13)

Possession of fireworks on school property or at school functions. (11, 12)

Use of fireworks while on school property or at school functions. (11, 12, 13)

Commission of conduct that constitutes a misdemeanor while on school property or at a school function. (11, 12)

Commission of conduct that constitutes a felony while on school property or at a school function. (11, 12, 13)

Commission of conduct that is committed off school premises or at a non-school sponsored activity if it is believed by school authorities that the continued attendance in school by the student committing the crime would constitute an endangerment to the health, physical and/or emotional safety, welfare or morals of the students or others in the schools. (11, 12, 13)

Gambling. (1, 2, 3, 4, 6, 7, 8, 9, 11)

Hazing. (11, 12)

Lewd behavior. (9, 11, 12)

Extortion. (11, 12, 13)

Plagiarism. (3, 4, 9, 11)

Arson. (11, 12, 13)

Intentional destruction of school property. (9, 11, 12, 13)

Theft of school property. (11, 12, 13)

Mental or physical condition that endangers the health, safety and/or welfare of the student or others. (9, 11, 12, 13)

Using and/or displaying during school hours any and all forms of radios, walkman-style tape, CD, or DVD players, audio and/or video recorders, laptop computers, external speakers, pagers, digital music players, cell phones (including, but not limited to, talking, text messaging, message playing, ring-tone playing, game playing, music playing, audio recording, picture taking and video taking), electronic games, and similar items; using a music player with a headset except by high school students only in a scheduled high school lounge, in the high school hallways, during a scheduled lunch period in the high school cafeteria, or by K-12 students on District transportation; using a cell phone except by high school students only in a scheduled high school lounge, during a scheduled lunch period in the high school cafeteria, or by K-12 students on District transportation; using a music player with a headset or a laptop computer, except in high school and middle school classrooms at the discretion of the individual classroom teacher; using electronic games, other than age-appropriate software by K-12 students on District transportation; using any recording, broadcasting, and/or playback equipment or materials, including but not limited to video recorders, cameras, cell phone cameras, tape recorders, or videophones, in school, on school grounds, and/or at school events without prior teacher or administrator approval, (confiscation, 1, 2, 3, 4, 9, 11)

Being in any school building or on school grounds outside of activity hours and/or while suspended from school. (1, 2, 3, 4, 7, 8, 9, 11)

Being in an unauthorized area of a school building or campus. (1, 2, 3, 4, 7, 8, 9, 11)

The repetition of an infraction may lead to the imposition of the next measure of discipline. Chronic repetition of infractions may lead to long-term suspension or permanent suspension.

D. Procedures

The type of due process a student is entitled to receive before a penalty is imposed depends on the consequence being imposed. In all cases, regardless of the consequence imposed, the school personnel authorized to impose the consequence must inform the student of the alleged misconduct and must investigate, to the extent necessary, the facts surrounding the alleged misconduct. All students will have an opportunity to present their version of the facts to the school personnel imposing the disciplinary consequence in connection with the imposition of the penalty. Students who are to be given consequences other than an oral warning or written notification to their parents are entitled to additional rights before the penalty is imposed. These additional rights are explained below.

Detention

Teachers, the assistant principal, principals and the superintendent may use detention as a consequence for student misconduct in situations where removal from the classroom or suspension would be inappropriate. Detention may be conducted during the school day, during the time normally reserved for lunch and/or recess.

At the middle school level, detention may also be conducted after school on

designated days from 2:20 p.m. through 3:10 p.m. At the high school level, detention may also be conducted after school on designated days, either from 2:20 p.m. through 3:10 p.m. (minor detention) or from 2:20 p.m. through 4:30 p.m. (major detention). After-school detention will be imposed as a consequence only after the student’s parent has been notified to confirm that there is no parental objection to the penalty and the student has appropriate transportation home following detention.

Suspension from transportation

If a student does not conduct himself/herself properly on a bus, the bus driver is

expected to bring such misconduct to the building principal’s attention. Students who become a serious disciplinary problem may have their riding privileges suspended by the building principal or the superintendent. In such cases, the student’s parent will become responsible for seeing that his or her child gets to and from school safely. Should the suspension from transportation amount to a suspension from attendance, the district will make appropriate arrangements to provide for the student’s education.

A student subjected to a suspension from transportation is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student’s parent will be provided with a reasonable opportunity for an informal hearing with the building principal or the superintendent to review the conduct and the penalty involved.

Suspension from athletic participation, extra curricular activities and other privileges

A student subjected to a suspension from athletic participation, extra-curricular activities or other privileges is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student’s parent will be provided with a

reasonable opportunity for an informal hearing with the district official imposing the suspension to review the conduct and the penalty involved.

In-school suspension

The board recognizes that the school must balance the need of students to attend school and the need for order in the classroom to establish an environment conducive to learning. As such, the board authorizes building principals and the superintendent to place students who would otherwise be suspended from school as the result of a code of conduct violation in “in-school suspension.” The in-school suspension teacher will be a certified teacher.

A student subjected to an in-school suspension is not entitled to a full hearing pursuant to Education Law §3214. However, the student and the student’s parent will be provided with a reasonable opportunity for an informal conference with the district official imposing the in-school suspension to discuss the conduct and the penalty involved.

Teacher disciplinary removal of disruptive students

A student’s behavior can affect a teacher’s ability to teach and can make it difficult for other students in the classroom to learn. In most instances the classroom teacher can control a student’s behavior and maintain or restore control over the classroom by using good classroom management techniques. These techniques may include defusion, de-escalation, and redirection.

After the classroom teacher has exhausted these and other appropriate interventions, the teacher may need to direct a student to leave the classroom briefly to give the student an opportunity to regain his or her composure and self-control in an alternative setting. Such practices may include, but are not limited to: (1) short-term “time out” in an elementary classroom or in an administrator’s office; (2) sending a student into the hallway briefly; (3) sending a student to the principal’s office for the remainder of the class time only; or (4) sending a student to a guidance counselor or other district staff member for counseling. These classroom management techniques do not constitute disciplinary removals for purposes of this code.

On occasion, a student’s behavior may become disruptive in class. For purposes of this code of conduct, a disruptive student is a student who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom. A substantial disruption of the educational process or substantial interference with a teacher’s authority occurs when a student demonstrates a persistent unwillingness to comply with the teacher’s instructions or repeatedly violates the teacher’s classroom behavior rules.

A classroom teacher may remove a disruptive student from class for up to two days. The removal from class applies to the class of the removing teacher only.

If the teacher finds that the student’s continued presence in the classroom does not pose a continuing danger to persons and property and does not present an ongoing threat of disruption to the academic process, the teacher shall, prior to removing the student from the classroom, provide the student with an explanation of the basis for the removal and allow the student to informally present his/her version of the relevant events. In all other cases, the teacher shall provide the student with an explanation of the basis for the removal and an informal opportunity to be heard within twenty-four hours after the student’s removal.

If the student poses a danger or ongoing threat of disruption, the teacher may order the student to be removed immediately. The teacher must, however, explain to the student why he or she was removed from the classroom and give the student a chance to present his or her version of the relevant events within 24-hours.

The teacher must complete a district-established disciplinary referral form and meet with the principal or his or her designee as soon as possible, but no later than the end of the school day, to explain the circumstances of the removal and to present the referral form. If the principal or designee is not available by the end of the same school day, the teacher must leave the form with the secretary and meet with the principal or designee prior to the beginning of classes on the next school day.

Within 24-hours after the student’s removal, the principal or another district administrator designated by the principal must notify the student’s parents, by telephone and letter, that the student has been removed from class and the reasons for the removal. The notice must also inform the parent that he or she has the right, upon request, to meet informally with the principal or the principal’s designee to discuss the reasons for the removal.

If the parent, upon notification by the authorized administrator, requests an informal conference, the teacher who ordered the removal is required to be present at the informal conference.

If at the informal meeting the student denies the charges, the principal or the principal’s designee must explain why the student was removed and give the student and the student’s parents a chance to present the student’s version of the relevant events. The informal meeting must be held within 48 hours of the student’s removal. The timing of the informal meeting may be extended by mutual agreement of the parent and principal.

The principal may overturn the removal of the student from class if the principal finds any one of the following:

The charges against the student are not supported by substantial evidence.

The student’s removal is otherwise in violation of law, including the district’s code of conduct.

The conduct warrants suspension from school pursuant to Education Law §3214 and a suspension will be imposed.

The principal may overturn a removal at any point between receiving the referral form issued by the teacher and the close of business on the day following the 48-hour period for the informal conference, if a conference is requested. No student removed from the classroom by the classroom teacher will be permitted to return to the classroom until the principal makes a final determination, or the period of removal expires, whichever is less.

Any disruptive student removed from the classroom by the classroom teacher shall be offered continued educational programming and activities until he or she is permitted to return to the classroom. In the event of teacher removal of a disruptive student in accordance with the code of conduct, continued educational

programming will be provided as soon as practicable.

Each teacher must keep a complete written log, including student name, class, explanation of infraction with details, date of infraction, and date(s) of removal from class, for all cases of removal of students from his or her class. The principal must keep a written log, to include the same information, of all removals of students from classes in that principal’s school.

Removal of a student with a disability, under certain circumstances, may constitute a change in the student’s placement. Accordingly, no teacher may remove a student with a disability from his or her class until he or she has verified with the principal that the removal will not constitute a change in placement.

Suspension from school

Suspension from school is a severe penalty, which may be imposed only upon students who are insubordinate, seriously disorderly, violent or disruptive, or whose conduct otherwise endangers the safety, morals, health or welfare of others. A student suspended from a BOCES vocational program is automatically suspended from the home school, and a student suspended from the home school is automatically suspended from the BOCES vocational program.

The Board retains its authority to suspend students, but places primary responsibility for the suspension of students with the superintendent and the building principals. Any staff member may recommend to the superintendent or the principal that a student be suspended. All staff members must immediately report and refer a violent student to the principal or the superintendent for a violation of the code of conduct. All recommendations and referrals shall be made in writing unless the conditions underlying the recommendation or referral warrant immediate attention. In such cases a written report is to be prepared as soon as possible by the staff member recommending the suspension.

The superintendent or principal, upon receiving a recommendation or referral for suspension or when processing a case for suspension, shall gather the facts relevant to the matter and record them for subsequent presentation, if necessary.

a. Short-term (5 days or less) suspension from school

When the superintendent or principal (referred to as the “suspending authority”) proposes to suspend a student charged with misconduct for five days or less pursuant to Education Law §3214(3), the suspending authority must immediately notify the student orally. If the student denies the misconduct, the suspending authority must provide an explanation of the basis for the proposed suspension. The suspending authority must also notify the student’s parents in writing that the student may be suspended from school. The written notice must be provided by personal delivery, express mail delivery, or some other means that is reasonably calculated to assure receipt of the notice within 24 hours of the decision to propose suspension at the last known address for the parents. Where possible, notice should also be provided by telephone if the school has been provided with a telephone number(s) for the purpose of contacting the parents.

The notice shall provide a description of the charges against the student and the incident for which suspension is proposed and shall inform the parents of the right

to request an immediate informal conference with the principal. Both the notice and informal conference shall be in the dominant language or mode of communication used by the parents. At the conference, the parents shall be permitted to ask questions of complaining witnesses under such procedures as the principal may establish.

The notice and opportunity for an informal conference shall take place before the student is suspended unless the student’s presence in school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process. If the student’s presence does pose such a danger or threat of disruption, the notice and opportunity for an informal conference shall take place as soon after the suspension as is reasonably practicable.

After the confer­ence, the building principal shall promptly advise the parents in writing of his or her decision, at which point in time the suspension will be served, as designated by the building principal. The building principal shall advise the parents that if they are not satisfied with the decision and wish to pursue the matter, they must file a written appeal to the superintendent within five business days, unless they can show extraordinary circumstances precluding them from doing so. The superintendent shall issue a written decision regarding the appeal within 10 business days of receiving the appeal. If the parents are not satisfied with the superintendent’s decision, they must file a written appeal to the board of education with the district clerk within 10 business days of the date of the superintendents’ decision, unless they can show extraordinary circumstances precluding them from doing so. Only final decisions of the Board may be appealed to the Commissioner within 30 days of the decision.

b. Long-term (more than 5 days) suspension from school

When the superintendent or building principal determines that a suspension for more than five days may be warranted, he or she shall give reasonable notice to the student and the student’s parents of their right to a fair hearing. At the hearing the student shall be informed regarding the privilege against self-incrimination, and shall have the right to be represented by counsel, the right to question witnesses against him or her and the right to present witnesses and other evidence on his or her behalf.

The superintendent shall personally hear and determine the proceed­ing or may, in his or her discretion, designate a hearing officer to conduct the hearing. The hearing officer shall be authorized to admin­ister oaths and to issue subpoenas in conjunction with the proceeding before him or her. A record of the hearing shall be maintained, but no steno­graphic transcript shall be required. A tape recording shall be deemed a satisfactory record. The hearing officer shall make findings of fact and recommendations as to the appropriate measure of discipline to the superintendent. The report of the hearing officer shall be advisory only, and the superintendent may accept all or any part thereof.

An appeal of the decision of the superintendent may be made to the Board that will make its decision based solely upon the record before it. All appeals to the board must be in writing and submitted to the district clerk within 10 business days of the date of the superintendent’s decision, unless the parents can show that extraordinary circumstances precluded them from doing so. The Board may adopt in whole or in part the decision of the superintendent. Final decisions of the Board may be appealed to the Commissioner within 30 days of the decision.

c. Permanent suspension

Permanent suspension is reserved for extraordinary circumstances such as where a student’s conduct poses a life-threatening danger to the safety and well-being of other students, school personnel or any other person lawfully on school property or attending a school function.

E. Minimum Periods of Suspension

Students who bring a weapon to school

Any student found guilty of bringing a weapon onto school property will be subject to suspension from school for at least one calendar year. A student with a disability or suspected disability shall be reviewed in accordance with Section X of this document.

Before being suspended, the student will have an opportunity for a hearing pursuant to Education Law §3214. The superintendent has the authority to modify the one-year suspension on a case-by-case basis. In deciding whether to modify the penalty, the superintendent may consider the following:

The student’s age.

The student’s grade in school.

The student’s prior disciplinary record.

The superintendent’s belief that other forms of discipline may be more effective.

Input from parents, teachers and/or others.

Other extenuating circumstances.

A student with a disability may be suspended only in accordance with the requirements of state and federal law.

Students who commit violent acts other than bringing a weapon to school

Any student who is found to have committed a violent act, as outlined in Section II and Section VI, other than bringing a weapon onto school property, shall be subject to suspension from school for at least five days. A student with a disability shall be reviewed in accordance with Section X of this document.

If the proposed penalty is the minimum five-day suspension, the student and the student’s parents will be given the same notice and opportunity for an informal conference given to all students subject to a short-term suspension. If the proposed penalty exceeds the minimum five-day suspension, the student and the student’s parents will be given the same notice and opportunity for a superintendent’s hearing given to all students subject to a long-term suspension. The superintendent has the authority to modify the minimum five-day suspension on a case-by-case basis. In deciding whether to modify the penalty, the superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon.

Students who are repeatedly substantially disruptive of the educational process or repeatedly substantially interfere with the teacher’s authority over the classroom

Any student who repeatedly is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom will be suspended from school for at least two to five days. A student with a disability shall be reviewed in accordance with Section X of this document. For purposes of this code of conduct, “repeatedly is substantially disruptive” means engaging in conduct that results in the student being removed from the classroom by teacher(s) pursuant to Education Law §3214(3-a) and this code on four or more occasions during a semester. If the proposed penalty is the minimum suspension of two to five days, the student and the student’s parent will be given the same notice and opportunity for an informal conference given to all students subject to a short-term suspension. If the proposed penalty exceeds a five-day suspension, the student and the student’s parent will be given the same notice and opportunity for a hearing given to all students subject to a long-term suspension. The superintendent has the authority to modify the minimum suspension on a case-by-case basis. In deciding whether to modify the penalty, the superintendent may consider the same factors considered in modifying a one-year suspension for possessing a weapon.

F. Referrals

Counseling

The Guidance Office shall handle all referrals of students to counseling.

PINS Petitions

The district may file a PINS (person in need of supervision) petition in Family

Court on any student under the age of 18 who demonstrates that he or she requires supervision and treatment by:

Being habitually truant and not attending school as required by part one of Article 65 of the Education Law.

Engaging in an ongoing or continual course of conduct which makes the student ungovernable, or habitually disobedient and beyond the lawful control of the school.

Knowingly and unlawfully possesses marijuana in violation of Penal Law §221.05. A single violation of §221.05 will be a sufficient basis for filing a PINS petition.

Juvenile Delinquents and Juvenile Offenders

The Superintendent is required to refer the following students to the County Attorney for a juvenile delinquency proceeding before the Family Court:

Any student under the age of 16 who is found to have brought a weapon to school, or

Any student 14 or 15 years old who qualifies for juvenile offender status under the Criminal Procedure Law §1.20 (42).

The Superintendent is required to refer students age 16 and older or any student 14 or 15 years old who qualifies for juvenile offender status to the appropriate law enforcement authorities.

In accordance with New York State’s “Dignity for All Students Act” (“DASA”), the Board of Education is committed to fostering civility and providing all students and staff within the school district with an environment in which to learn and work that is safe, civil and respectful, and free from all forms of bullying, discrimination, hazing, and/or harassment. Therefore, the Board condemns, and will not tolerate, any and all instances of bullying and harassing behavior, and all behavior that has the purpose or effect of creating an intimidating, hostile, dangerous or offensive learning or working environment. It shall be a violation of this policy for any K-12 student, school district employee or third party (school visitor, volunteer, contractor, vendor, etc.) to bully, harass, discriminate, or intimidate through word or deed any other student, employee, or any other individual associated with the school.

Policy Definitions

“School Property” means in or within any building, structure, athletic playing field, playground, parking lot, or land contained within the real property boundary line of a public elementary or secondary school; or in or on a school bus (Education Law §11[1]).

“School Bus” means every motor vehicle owned by a public or governmental agency or private school and operated for the transportation of pupils, children of pupils, teachers and other persons acting in a supervisory capacity, to or from school or school activities, or, privately owned and operated for compensation for the transportation of pupils, children of pupils, teachers and other persons acting in a supervisory capacity to or from school or school activities (Education Law §11[1] and Vehicle and Traffic Law §142).

“Disability” means (a) a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or (b) a record of such an impairment or (c) a condition regarded by others as such an impairment, provided, however, that in all provisions of this article dealing with employment, the term must be limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held (Education Law §11[4] and Executive Law §292[21]).

“Employee” means any person receiving compensation from a school district or employee of a contracted service provider or worker placed within the school under a public assistance employment program, pursuant to title nine(B) of article five of the Social Services Law, and consistent with the provisions of such title for the provision of services to such district, its students or employees, directly or through contract, whereby such services performed by such person involve direct student contact (Education Law §§11[4] and 1125[3]).

“Gender” means actual or perceived sex and includes a person’s gender identity or expression (Education Law §11[6]).

“Harassment” means the creation of a hostile environment by conduct or by verbal threats, intimidation or abuse that has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional or physical wellbeing; or conduct, verbal threats, intimidation or abuse that reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; such conduct, verbal threats, intimidation or abuse includes but is not limited to conduct, verbal threats, intimidation or abuse based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex (Education Law§11[7])

“Hazing” is an induction, initiation or membership process involving harassment which produces public humiliation, physical or emotional discomfort, bodily injury or public ridicule or creates a situation where public humiliation, physical or emotional discomfort, bodily injury or public ridicule is likely to occur.

For the purposes of this policy and its implementation, bullying, discrimination, hazing, and/or harassment are considered as negative, hateful, and/or intimidating actions or behaviors that intend to and/or that do harm, that upset, or that compromise the physical, psychological, or emotional safety of a targeted person or persons. Anyone can become the target of bullying, discrimination, hazing,

and/or harassment. Bullying, discrimination hazing, and/or harassment may be based upon race, color, weight, national origin, ethnic group, religion, religious practice, sex, gender, gender identity or expression, sexual orientation, or disability, all either actual or perceived. However, bullying, discrimination hazing, and/or harassment are certainly not limited to individuals in these or other protected classes, and could be based upon other characteristics as well, such as, but not limited to, social or socioeconomic status, height, or other characteristics that an individual or individuals may target a victim for bullying, discrimination, hazing, and/or harassment. Such actions or behaviors may take place on school property, at any school-sponsored function regardless of the location, and/or on a school bus.

In addition, such actions or behaviors may otherwise take place off school grounds if they are designed to, or have the effect of, interfering with one’s ability to attend school, to work, and/or to be educated/employed in a safe, non-hostile environment. Bullying, discrimination hazing, and/or harassment that takes place at locations outside of school grounds which can be reasonably expected to materially and substantially interfere with the requirements of appropriate discipline in the operation of the school or impinge on the rights of other students is prohibited, and may be subject to disciplinary consequences.

The District reserves the right to discipline students who engage in harassment of students off school property under circumstances where such off-campus conduct would be violative of the student code of conduct.

Any retaliatory behavior directed against complainants, victims, witnesses, and/or any other individuals who participate in the investigation of allegations of harassment is prohibited. Follow-up inquiries and/or appropriate monitoring of the alleged harasser and victim shall be made to ensure that the prohibited behavior has not resumed and that those involved in the investigation of allegations of the prohibited behavior have not suffered retaliation. Furthermore, any person having reasonable cause to suspect that a student or staff member has been subjected to bullying, discrimination, hazing or harassment by an employee or a student, as defined in this policy, and reports said prohibited behavior as required shall be free from retaliation of any kind.

harassment (refer to Policy #0110), electronic bullying or cyberbullying (harassment or bullying by any form of electronic communication, such as communications using instant messaging, e-mail, websites, blogs, chat rooms, gaming systems, social media web sites, text messaging, pagers, cell phones, and/or cell phone camera photographs, including incidents occurring off school property that create or would foreseeably create a risk of substantial disruption within the school environment.), and hazing (any conduct, methods of initiation into any student organization, whether on public or private property, before, during or after school hours, which willfully or recklessly endangers the physical or mental health of any student or other person, or which is reasonably likely to cause embarrassment, intimidation, physical, emotional or psychological harm, including loss of human dignity, to another person.). All such conduct is disruptive of the educational process and is therefore prohibited.

It is the responsibility of all students and staff to create, support, and maintain a safe, civil and respectful school environment. This includes school-sponsored functions, school buses, athletics, and other school activities, whether on or off of school premises.

School training programs to raise awareness of and to discourage bullying, discrimination, hazing, and discrimination will be developed for use with students and staff and will be provided to students and to staff on an annual basis. In addition, staff members will be trained annually in awareness of and sensitivity to potential bullying, discrimination, hazing, and harassment to enable them to prevent and respond to any and all situations therof.

In order to maintain a climate of mutual respect and dignity for all students that will strengthen students’ confidence and promote learning, members of the staff are expected to confront issues of bullying, discrimination, hazing and/or harassment and/or any other situation that threatens the emotional or physical health or safety of any student, school employee or any person who is lawfully on school, property or at a school function. Staff members are expected to address personal biases that may prevent equal treatment of all students in the school or the classroom setting, and to report incidents of bullying, discrimination, and/or harassment that are witnessed or otherwise brought to the attention of the staff member in a timely fashion.

Staff members who observe behaviors that are, or might reasonably be understood to be, incidents of bullying, discrimination, hazing, or harassment are required to intervene and address such incidents, and to report such incidents that they observe or are reported to them to the building principal, or his/her designee, as soon as possible after it occurs, and on a consistent and timely basis. The Building Principal, or his/her designee, will promptly investigate all complaints of bullying, discrimination, hazing, and/or harassment, either formal or informal, verbal or written, and pursue appropriate administrative action, consisting of

measured, balanced, and age-appropriate responses, with remedies focused on intervention and education, with the focus of discipline on discerning and correcting the reasons why bullying, discrimination and/or harassment occurred, as indicated by the outcome of the investigation.

Remedial responses should be designed to correct the problem behavior, prevent another occurrence of the behavior, and protect the target of the act or acts.

Appropriate individual-focused remedial measures may include, but are not limited to: peer support groups, corrective instruction or other relevant learning or service experience; supportive intervention; behavioral assessment or evaluation; behavioral management plans with closely-monitored benchmarks; student counseling; and parent conferences. School-wide or environmental remediation strategies may include, but are not limited to: supervisory systems; school and/or community surveys to identify conditions contributing to relevant behavior; research-based, systemic prevention programs; modification of schedules; adjustment of hallway traffic patterns and flow; targeted use of monitors; staff professional development; parent conferences; involvement of parent-teacher organizations; and peer support groups.

Victims of bullying, discrimination, hazing, and/or harassment, as well as individuals who have knowledge of, or who witness, a possible occurrence of bullying, discrimination and/or harassment, are strongly encouraged to report such an incident to a member of the staff as soon as possible if anticipated or after it occurs. The staff member to whom the report is made shall make a report to the Building Principal or designee and/or the official designated by the District to investigate allegations of bullying, discrimination, hazing, and/or harassment. The victim’s privacy and need for anonymity will be respected by the staff member(s) to whom the incident has been reported. Anonymous reporting, while severely hampering school authorities from fully enforcing this policy and the Code of Conduct, will enable school authorities to monitor the situation in the future and intervene as necessary. Retaliation against victims, witnesses, and others for reporting such an incident, as well as deliberately falsely reporting such an

incident, is a violation of this policy as well.

The Board supports initiatives on the part of staff to model respectful behavior in the District’s schools and to acknowledge appropriate behavior by students and staff members. In addition, the Building Principal of each school will serve as the Dignity Act Coordinator (DAC) of that school. The school’s Dignity Act Coordinator will lead and coordinate the efforts of the school’s DASA Team, which will be comprised of the individual school’s administrators and pupil personnel staff, who will be thoroughly trained to handle human relations in the areas of bullying, discrimination, hazing, and/or harassment identified in this policy, in order to proactively address, and to respond to, any and all incidents thereof.

The Superintendent of Schools is directed to develop and implement specific procedures for reporting, investigating, resolving, and documenting bullying and harassment complaints, as well as to implement training programs for staff and age-appropriate bullying and harassment prevention and education programming for students, and to communicate information about this policy to staff, students, parents and community members through various means, including the District web site.

DISTRICT CODE OF CONDUCT-Part C

Policy Text

X. Alternative Instruction

When a teacher removes a student of any age is removed from class or a student of compulsory attendance age is suspended from school pursuant to Education Law §3214, the district will take immediate steps to provide alternative means of instruction for the student. In the event of teacher removal of a disruptive student in accordance with the Code of Conduct, continued educational programming will be provided as soon as practicable.

XI. Discipline of Students with Disabilities

The Board recognizes that it may be necessary to suspend, remove or otherwise discipline students with disabilities to address disruptive or problem behavior. The Board also recognizes that students with disabilities enjoy certain procedural protections whenever school authorities intend to impose discipline upon them. The Board is committed to ensuring that the procedures followed for suspending,

removing or otherwise disciplining students with disabilities are consistent with the

procedural safeguards required by applicable laws and regulations.

This Code of Conduct affords students with disabilities subject to disciplinary action no greater or lesser rights than those expressly afforded by applicable federal and

state law and regulations.

If guilt is determined, before a penalty may be imposed, the following rules shall

apply:

Section 504/Title II ADA Disability: Before discipline may be meted out for a student with a disability or suspected disability founded solely under §504 of the Rehabilitation Act of 1973 (hereinafter“§504”)/Title II of the Americans With Disabilities Act (hereinafter the “ADA”), the §504 multi-disciplinary committee (hereinafter the “§504 Committee”) must make a determination of

whether the conduct underlying the charge(s) was a manifestation of the disability.

If a nexus is found between the disability and the conduct underlying the

charges, the §504 Committee must register a referral and bring about an evaluation of a student with a suspected disability or, if the student is already eligible under §504, it must consider possible program modification and disposition on a non-disciplinary basis.

If no nexus is found, yet a disability is indicated or has been identified, discipline may be imposed upon remand to the §3214 Hearing Officer.

Students whose sole disabilities are founded under §504 and for whom no nexus is found shall be disciplined in the same manner as their non-disabled peers.

Any penalty imposed may not be based on past behavior for which a nexus determination was not made.

The District must continue to provide a free appropriate public education to students who have been suspended from school as required by the regulations

implementing §504 (34 CFR §104 et. Seq.) until the end of the school year in

which the student reaches the age of 21.

IDEA Disability: Before discipline may be meted out for a student classified or deemed to be known as having a disability under the Individuals with Disabilities Education Act (hereinafter “IDEA”), the Committee on Special Education (hereinafter the “CSE”) must make a determination of whether the conduct underlying the charges was a manifestation of the disability.

If a nexus is found between the disability and the conduct, the §3214 proceeding must be discontinued (except for weapons, drugs and dangerous behavior) and the matter placed under the jurisdiction of the CSE for any further consideration. The CSE must register a referral and bring about an evaluation in the case of a student who may be determined to be known as having a disability or, if the student is already classified under IDEA, it must consider possible program modification and disposition on a non-disciplinary basis.

If no nexus is found, yet nonetheless a disability is indicated or has been identified, discipline may be imposed upon remand to the §3214 Hearing Officer. The relevant disciplinary procedures applicable to children without disabilities may be applied in the same manner in which they would be applied to children without disabilities, as long as the child continues to receive a free appropriate public education during any such term of suspension.

Where no nexus is found and no suspected disability is determined to exist, the matter shall be remanded to the §3214 hearing officer for a determination of penalty.

Any penalty imposed may not be based on past behavior for which a nexus

determination was not made.

The District must continue to provide a free appropriate public education to students who have been suspended from school.

A. Authorized Suspensions or Removals of Students with Disabilities

For purposes of this section of the code of conduct, the following definitions apply.

A “suspension” means a suspension pursuant to Education Law §3214.

For purposes of change in placement, a “removal” means a removal for disciplinary reasons from the student’s current educational placement other than a

suspension and change in placement to an interim alternative educational setting (IAES) ordered by an impartial hearing officer because the student poses a risk of harm to himself or herself or others.

An “IAES” means a temporary educational placement for a period of up to 45 days, other than the student’s current placement at the time the behavior precipitating the IAES placement occurred, that enables the student to continue to progress in the general curriculum, although in another setting, to continue to receive those services and modifications, including those described on the

student’s current individualized education program (IEP), that will enable the student to meet the goals set out in such IEP, and include services and modifications to address the behavior which precipitated the IAES placement that are designed to prevent the behavior from recurring.

School personnel may order the suspension or removal of a student with a disability from his or her current educational placement, as follows:

The Board, the district (BOCES) superintendent of schools or a building principal may order the placement of a student with a disability into an IAES, another setting or suspension for a period not to exceed five consecutive school days and not to exceed the amount of time a non-disabled student would be subject to suspension for the same behavior.

The Superintendent may order the placement of a student with a disability into an IAES, another setting or suspension for up to 10 consecutive school days, inclusive of any period in which the student has been suspended or removed

under subparagraph (a) above for the same behavior, if the superintendent determines that the student has engaged in behavior that warrants a suspension and the suspension or removal does not exceed the amount of time non-disabled students would be subject to suspension for the same behavior.

The superintendent may order additional suspensions of not more than 10 consecutive school days in the same school year for separate incidents of misconduct, as long as those removals do not constitute a change of placement.

The superintendent may order the placement of a student with a disability in an IAES to be determined by the committee on special education (CSE), for the same amount of time that a student without a disability would be subject to discipline, but not more than 45 days, if the student carries or possesses a weapon to school or to a school function, or the student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function.

“Weapon” means the same as “dangerous weapon” under 18 U.S.C. § 930(g)(w) which includes “a weapon, device, instrument, material or substance, animate or inanimate, that is used for, or is readily capable of causing death or serious bodily injury, except...[for] a pocket knife with a blade of less than 2 1/2 inches in length.”

2) “Controlled substance” means a drug or other substance identified in certain provisions of the federal Controlled Substances Act specified in both federal and state law and regulations applicable to this policy.

3) “Illegal drugs” means a controlled substance except for those legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under the Controlled Substances Act or any other federal law.

Subject to specified conditions required by both federal and state law and regulations, an impartial hearing officer may order the placement of a student with a disability in an IAES setting for up to 45 days at a time, if maintaining the student in his or her current educational placement poses a risk of harm to the student or others.

B. Change of Placement Rule

A disciplinary change in placement means a suspension or removal from a student’s current educational placement that is either:

for more than 10 consecutive school days; or

for a period of 10 consecutive school days or less if the student is subjected to a series of suspensions or removals that constitute a pattern because they cumulate to more than 10 school days in a school year and because of such factors as the length of each suspension or removal, the total amount of time the student is removed and the proximity of the suspensions or removals to one another.

School personnel may not suspend or remove a student with disabilities if imposition of the suspension or removal would result in a disciplinary change in placement based on a pattern of suspension or removal.

However, the district may impose a suspension or removal, which would otherwise result in a disciplinary change in placement, based on a pattern of suspensions or removals if the CSE has determined that the behavior was not a manifestation of the student’s disability, or the student is placed in an IAES for

behavior involving weapons, illegal drugs or controlled substances.

C. Special Rules Regarding the Suspension or Removal of Students with Disabilities

The District’s Committee on Special Education shall:

Conduct functional behavioral assessments to determine why a student engages in a particular behavior, and develop or review behavioral intervention plans whenever the district is first suspending or removing a student with a disability for more than 10 school days in a school year or imposing a suspension or removal that constitutes a disciplinary change in placement, including a change in placement to an IAES for misconduct involving weapons, illegal drugs or controlled substances.

If subsequently, a student with a disability who has a behavioral intervention plan and who has been suspended or removed from his or her current educational placement for more than 10 school days in a school year is subjected to a suspension or removal that does not constitute a disciplinary change in placement, the members of the CSE shall review the behavioral intervention plan and its implementation to determine if modifications are necessary.

If one or more members of the CSE believe that modifications are needed, the school district shall convene a meeting of the CSE to modify such plan and its implementation, to the extent the committee determines necessary.

Conduct a manifestation determination review of the relationship between the student’s disability and the behavior subject to disciplinary action whenever a decision is made to place a student in an IAES either for misconduct involving weapons, illegal drugs or controlled substances or because maintaining the student in his current educational setting poses a risk of harm to the student or others; or a decision is made to impose a suspension that constitutes a disciplinary change in placement.

The parents of a student who is facing disciplinary action, but who has not been determined to be eligible for services under IDEA and Article 89 at the time of misconduct, shall have the right to invoke applicable procedural safeguards set forth in federal and state law and regulations if, in accordance with federal and state statutory and regulatory criteria, the school district is deemed to have had knowledge that their child was a student with a disability before the behavior precipitating disciplinary action occurred. If the district is deemed to have had such knowledge, the student will be considered a student presumed to have a disability for discipline purposes.

The superintendent, building principal or other school official imposing a suspension or a teacher imposing a removal shall be responsible for determining whether the student is a student presumed to have a disability.

A student will not be considered a student presumed to have a disability for discipline purposes if, upon receipt of information supporting a claim that the district had knowledge the student was a student with a disability, the district either:

conducted an individual evaluation and determined that the student is not a student with a disability, or

determined that an evaluation was not necessary and provided notice to the parents of such determination, in the manner required by applicable law and regulations.

If there is no basis for knowledge that the student is a student with a disability prior to taking disciplinary measures against the student, the student may be subjected to the same disciplinary measures as any other non-disabled student who engaged in comparable behaviors.

However, if a request for an individual evaluation is made while such non-disabled student is subjected to a disciplinary removal, an expedited evaluation shall be conducted and completed in the manner prescribed by applicable federal and state law and regulations. Until the expedited evaluation is completed, the non-disabled student who is not a student presumed to have a disability for discipline purposes shall remain in the educational placement determined by the district, which can include suspension.

The district shall provide parents with notice of disciplinary removal no later than the date on which a decision is made to change the placement of a student

with a disability to an IAES for either misconduct involving weapons, illegal drugs or controlled substances or because maintaining the student in his/her current educational setting poses a risk of harm to the student or others; or a decision is made to impose a suspension or removal that constitutes a disciplinary change in placement.

The procedural safeguards notice prescribed by the Commissioner shall accompany the notice of disciplinary removal.

The parents of a student with disabilities subject to a suspension of five consecutive school days or less shall be provided with the same opportunity for an informal conference available to parents of non-disabled students under the Education Law.

Superintendent hearings on disciplinary charges against students with disabilities subject to a suspension of more than five school days shall be

bifurcated into a guilt phase and a penalty phase in accordance with the procedures set forth in the Commissioner’s regulations incorporated into this code.

The removal of a student with disabilities other than a suspension or placement in an IAES shall be conducted in accordance with the duprocess

procedures applicable to such removals of non-disabled students, except that school personnel may not impose such removal for more than 10 consecutive days or for a period that would result in a disciplinary change in placement, unless the CSE has determined that the behavior is not a manifestation of the student’s disability.

During any period of suspension or removal, including placement in an IAES, students with disabilities shall be provided services as required by the Commissioner’s regulations incorporated into this code.

D. Expedited Due Process Hearings

An expedited due process hearing shall be conducted in the manner specified by the Commissioner’s regulations incorporated into this code, if:

The district requests such a hearing to obtain an order of an impartial hearing officer placing a student with a disability in an IAES where school personnel maintain that it is dangerous for the student to be in his or her current educational placement, or during the pendency of due process hearings where school personnel maintain that it is dangerous for the student to be in his or her current educational placement during such proceedings.

The parent requests such a hearing from a determination that the student’s behavior was not a manifestation of the student’s disability, or relating to any decision regarding placement, including but not limited to any decision to place the student in an IAES.

During the pendency of an expedited due process hearing or appeal regarding the placement of a student in an IAES for behavior [involving weapons, illegal drugs or controlled substances, or] on grounds of dangerousness or regarding a determination that the behavior is not a manifestation of the student’s disability for a student who has been placed in an IAES, the student shall remain in the IAES pending the decision of the impartial hearing officer or until expiration of the IAES placement, whichever occurs first, unless the parents and the district agree otherwise.

If school personnel propose to change the student’s placement after expiration of an IAES placement, during the pendency of any proceeding to challenge the proposed change in placement, the student shall remain in the placement prior to removal to the IAES, except where the student is again placed in an IAES.

An expedited due process hearing shall be completed within 15 business days of receipt of the request for a hearing. Although the impartial hearing officer may grant specific extensions of such time period, he or she must mail a written decision to the district and the parents within five business days after the last hearing date, and in no event later than 45 calendar days after receipt of the request for a hearing, without exceptions or extensions.

E. Referral to law enforcement and judicial authorities

In accordance with the provisions of IDEA and its implementing regulations:

The district may report a crime committed by a child with a disability to appropriate authorities, and such action will not constitute a change of the student’s placement.

The superintendent shall ensure that copies of the special education and disciplinary records of a student with disabilities are transmitted for consideration to the appropriate authorities to whom a crime is reported, consistent with the consent requirements of FERPA.

XII. Corporal Punishment

Corporal punishment is any act of physical force upon a student for the purpose of punishing that student. Corporal punishment of any student by any district employee is strictly forbidden.

However, in situations where alternative procedures and methods that do not involve the use of physical force cannot reasonably be used, reasonable physical force may be used to:

Protect oneself, another student, teacher or any person from physical injury.

Protect the property of the school or others.

Restrain or remove a student whose behavior interferes with the orderly exercise and performance of school district functions, powers and duties, if that student has refused upon verbal command to refrain from further disruptive acts.

The District will file all complaints about the use of corporal punishment with the Commissioner of Education in accordance with Commissioner’s regulations.

DISTRICT CODE OF CONDUCT - PART D

Policy Text

XIII. Student Searches and Interrogations

The Board of Education is committed to ensuring an atmosphere on school property and at school functions that is safe and orderly. To achieve this kind of environment, any school official authorized to impose a disciplinary penalty on a student may question a student about an alleged violation of law or the district code of conduct. Students are not entitled to any sort of “Miranda”-type warning before being questioned by school officials, nor are school officials required to contact a student’s parent before questioning the student. However, school officials will tell all students why they are being questioned.

In addition, the board authorizes the superintendent, building principals, the assistant principal, and the school nurse to conduct searches of students and their belongings if the authorized school official has reasonable suspicion to believe that the search will result in evidence that the student violated the law or the District Code of Conduct.

Before searching a student or the student’s belongings, the authorized school official should attempt to get the student to admit that he or she possesses physical evidence that they violated the law or the district code, or get the student to voluntarily consent to the search. Searches will be limited to the extent necessary to locate the evidence sought.

An authorized school official may conduct a search of a student’s belongings that is minimally intrusive, such as touching the outside of a book bag, without

reasonable suspicion, so long as the school official has a legitimate reason for the very limited search.

An authorized school official may search a student or the student’s belongings based upon information received from a reliable informant. Individuals will be considered reliable informants if they have previously supplied information that was accurate and verified, or they make an admission against their own interest, or they provide the same information that is received independently from other sources, or they appear to be credible and the information they are communicating relates to an immediate threat to safety. District employees will be considered reliable informants unless they are known to have previously supplied information that they knew was not accurate.

Whenever practicable, searches will be conducted in the privacy of administrative offices or the nurse’s office and students will be present when their possessions are being searched.

A. Student Lockers, Desks and Other School Storage Places

The rules in this code of conduct regarding searches of students and their belongings do not apply to student lockers, desks and other school storage places. Students have

no reasonable expectation of privacy with respect to these places and school officials retain complete control over them. This means that student lockers, desks and other school storage places may be subject to search at any time by school personnel, without prior notice to students and without their consent.

B. Strip Searches

A strip search is a search that requires a student to remove any or all of his or her

clothing, other than an outer coat or jacket. If an authorized school official believes it is necessary to conduct a strip search of a student, the school official may do so only if the search is authorized in advance by the superintendent or the school attorney. The only exception to this rule requiring advanced authorization is when the school official believes there is an emergency situation that could threaten the safety of the student or others.

Strip searches may only be conducted by an authorized school official of the same sex as the student being searched and in the presence of another district professional employee who is also of the same sex as the student.

In every case, the school official conducting a strip search must have probable cause – not simply reasonable cause – to believe the student is concealing evidence of a violation of law or the district code. In addition, before conducting a strip search, the school official must consider the nature of the alleged violation, the student’s age, the student’s record and the need for such a search.

School officials will attempt to notify the student’s parent by telephone before conducting a strip search, or in writing after the fact if the parent could not be reached by telephone. The student’s consent to the strip search shall be sought prior to conducting the search.

C. Documentation of Searches

The authorized school official conducting the search shall be responsible for promptly recording the following information about each search:

Name, age and grade of student searched.

Reasons for the search.

Name of any informant(s).

Purpose of search (that is, what item(s) were being sought).

Type and scope of search.

Person conducting search and his or her title and position.

Witnesses, if any, to the search.

Time and location of search.

Results of search (that is, what items(s) were found).

Disposition of items found.

Time, manner and results of parental notification.

The building principal or the principal’s designee shall be responsible for the custody, control and disposition of any illegal or dangerous item taken from a student. The principal or his or her designee shall clearly label each item taken from the student and retain control of the item(s), until the items is turned over to the police. The principal or his or her designee shall be responsible for personally delivering dangerous or illegal items to police authorities.

D. Police Involvement in Searches and Interrogations of Students

District officials are committed to cooperating with police officials and other law enforcement authorities to maintain a safe school environment. Police officials,

however, have limited authority to interview or search students in schools or at

school functions, or to use school facilities in connection with police work. Police officials may enter school property or a school function to question or search a student or to conduct a formal investigation involving students only if they have:

A search or an arrest warrant; or

Probable cause to believe a crime has been committed on school property or at a school function; or

Been invited by school officials.

Before police officials are permitted to question or search any student, the building principal or his or her designee shall first try to notify the student’s parent to give the parent the opportunity to be present during the police questioning or search. If the student’s parent cannot be contacted prior to the police questioning or search, the questioning or search shall not be conducted. The principal or designee will also be present during any police questioning or search of a student on school property or at a school function.

Child Protective Services Investigations

Consistent with the district’s commitment to keep students safe from harm and the obligation of school officials to report to child protective services when they have reasonable cause to suspect that a student has been abused or maltreated, the district will cooperate with local child protective services workers who wish to conduct interviews of students on school property relating to allegations of suspected child abuse, and/or neglect, or custody investigations.

All requests by child protective services to interview a student on school property shall be made directly to building principal or his or her designee. The principal or his or her designee shall set the time and place of the interview. The principal or designee shall decide if it is necessary and appropriate for a school official to be present during the interview, depending on the age of the student being interviewed and the nature of the allegations. If the nature of the allegations is

such that it may be necessary for the student to remove any of his or her clothing in order for the child protective services worker to verify the allegations, the school nurse or other district medical personnel must be present during that portion of the interview. No student may be required to remove his or her clothing in front of a child protective services worker or school district official of the opposite sex.

A child protective services worker may not remove a student from school property unless authorized by law.

DISTRICT CODE OF CONDUCT - PART E

Policy Text

XIV. Visitors to the Schools

The board encourages parents and other district citizens to visit the district’s schools and classrooms to observe the work of students, teachers and other staff. Since schools are a place of work and learning, however, certain limits must be set for such visits. The building principal or his or her designee is responsible for all persons in the building and on the grounds. For these reasons, the following rules apply to visitors to the schools:

Anyone who is not a regular staff member or student of the school will be considered a visitor.

All visitors to the school must report first to the designated reception area upon arrival at the school. There they will be required to sign the visitor’s register, will be issued a visitor’s identification badge, which must be worn at all times while in the school or on school grounds, and will be directed by a member of the staff to report to main office or other appropriate location. The visitor must return the identification badge to the staff member at the reception area and sign out before leaving the building.

Visitors attending school functions that are open to the public, such as parent-teacher organization meetings or public gatherings, are not required to register.

Parents or citizens who wish to observe a classroom while school is in session are required to arrange such visits in advance with the classroom teacher(s), so that class disruption is kept to a minimum.

Teachers are expected not to take class time to discuss individual matters with visitors.

Any unauthorized person on school property will be reported to the principal or his or her designee. Unauthorized persons will be asked to leave. The police may be called if the situation warrants.

All visitors are expected to abide by the rules for public conduct on school property contained in this code of conduct.

DISTRICT CODE OF CONDUCT - PART F

Policy Text

XV. Public Conduct on School Property

The District is committed to providing an orderly, respectful environment that is conducive to learning. To create and maintain this kind of an environment, it is necessary to regulate public conduct on school property and at school functions. For purposes of this section of the code, “public” shall mean all persons when on school property or attending a school function including students, teachers and District personnel.

The restrictions on public conduct on school property and at school functions contained in this code are not intended to limit freedom of speech or peaceful assembly. The district recognizes that free inquiry and free expression are

indispensable to the objectives of the district. The purpose of this code is to maintain public order and prevent abuse of the rights of others.

All persons on school property or attending a school function shall conduct themselves in a respectful and orderly manner. In addition, all persons on school property or attending a school function are expected to be properly attired for the purpose they are on school property.

A. Prohibited Conduct

No person, either alone or with others, shall:

Intentionally injure any person or threaten to do so.

Intentionally damage or destroy school district property or the personal property of a teacher, administrator, other district employee or any person lawfully on school property, including graffiti or arson.

Disrupt the orderly conduct of classes, school programs or other school

activities.

Distribute or wear materials, or use language or gestures, on school grounds or at school functions that are obscene, advocate illegal action, appear libelous, or are disruptive to the school program.

Distribute or post any written material, pamphlets or posters without prior written approval of the superintendent or his/her designee.

Intimidate, harass or discriminate against any person on the basis of race, color, creed, national origin, religion, age, gender, sexual orientation or disability.

Enter any portion of school grounds or the school premises without legitimate school business to conduct and/or without expressed advance administrative authorization, or remain in any building or facility after it is normally closed.

Obstruct the free movement of any person in any place to which this code applies.

Violate the traffic laws, parking regulations or other restrictions on vehicles.

Allow pets to defecate on school grounds without cleaning up after them.

be under the influence of either on school property or at a school function.

Possess or use weapons in or on school property or at a school function, except in the case of law enforcement officers or except as specifically authorized by the school district.

Use any recording, broadcasting, and/or playback equipment or materials, including but not limited to video recorders, cameras, cell phone cameras, tape recorders, or videophones, in school, on school grounds, and/or at school events without prior teacher or administrator approval, except at school functions that are open to the public, unless otherwise prohibited,

Loiter on or about school property.

Gamble on school property or at school functions.

Refuse to comply with any reasonable order of identifiable school district officials performing their duties.

Willfully incite others to commit any of the acts prohibited by this code.

Violate any federal or state statute, local ordinance or board policy while on school property or while at a school function.

B. Dress Code

Faculty and staff handbooks will set forth a general dress code which does not

infringe upon individual rights. The school district does not generally prescribe faculty/staff and visitor dress while they are on school grounds or at a school function if fashion or taste is the major criterion. However, the district will impose restrictions when a faculty/staff member’s or visitor’s dress is clearly dangerous, given the activity in which they are participating, or so inappropriate as to interfere with the orderly conduct of a school activity, the learning process, and/or the teaching process. In particular, faculty/staff are asked to consider that their dress can be construed as a model for students and careful judgment needs to be exercised in the selection of appropriate clothing and attire while representing the school district.

Individual faculty/staff and visitors have the responsibility for their own dress and

general appearance. Faculty/staff and visitors are required to attend classes and activities in appropriate dress that meets health and safety standards and does not

interfere with school district activities and/or the education of district students.

When necessary, faculty/staff and visitors will be asked to wear appropriate protective gear in certain classes and/or activities (i.e. home economics, shop, P.E., etc.). Clothing and attire which have an expression (phrase, word or words) or insignia (picture, symbol, patch, or pin) which is obscene, sexually suggestive, or libelous (that is, which contains objectionable language, including insults, whether directed to themselves or others), or which advocates racial, religious, gender, age, disability, or sexual orientation prejudice is forbidden.

If found wearing such attire, faculty/staff and visitors may be asked to return home and change clothes prior to returning to the school. For faculty/staff

involved in such an event, continued wearing of the inappropriate clothing and attire may lead to disciplinary action.

C. Penalties

Persons who violate this code shall be subject to the following penalties:

Visitors’ authorization, if any, to remain on school grounds or at the school function shall be withdrawn and they shall be directed to leave the premises. If they refuse to leave, they shall be subject to ejection.

Students shall be subject to disciplinary action as the facts may warrant, in accordance with the due process requirements.

Tenured faculty members shall be subject to disciplinary action as the facts may warrant in accordance with Education Law §3020-a or any other legal rights that they may have.

Staff members in the classified service of the civil service entitled to the protection of Civil Service Law §75 shall be subject to immediate ejection and

to disciplinary action as the facts may warrant in accordance with Civil Service Law §75 or any other legal rights that they may have.

Staff members other than those described in subdivisions 3 and 4 shall be subject to warning, reprimand, suspension or dismissal as the facts may warrant in accordance with any legal rights they may have.

D. Enforcement

The building administrator or his or her designee shall be responsible for enforcing the conduct required by this code.

When the building administrator or his or her designee sees an individual engaged in prohibited conduct, which in his or her judgment does not pose any immediate threat of injury to persons or property, the principal or his or her designee shall tell

the individual that the conduct is prohibited and attempt to persuade the individual to stop. The principal or his or her designee shall also warn the individual of the consequences for failing to stop. If the person refuses to stop engaging in the prohibited conduct, or if the person’s conduct poses an immediate threat of injury to persons or property, the principal or his or her designee shall have the individual removed immediately from school property or the school function. If necessary, local law enforcement authorities will be contacted to assist in removing the person.

The district shall initiate disciplinary action against any student or staff member, as appropriate, with the “Penalties” section above. In addition, the district reserves its right to pursue a civil or criminal legal action against any person violating the code.

DISTRICT CODE OF CONDUCT - Part G

XVI. Dissemination and Review

A. Dissemination of Code of Conduct

The board will work to ensure that the community is aware of this code of conduct by:

Providing copies of a summary of the code to all students at a general assembly held at the beginning of each school year.

Making copies of the code available to all parents at the beginning of the school year.

Mailing a summary of the code of conduct written in plain language to all parents of district students before the beginning of the school year and making this summary available later upon request.

Providing all current teachers and other staff members with a copy of the code and a copy of any amendments to the code as soon as practicable after adoption.

Providing all new employees with a copy of the current code of conduct when they are first hired.

Making copies of the code available for review by students, parents and other community members.

The Board of Education will sponsor an in-service education program for all district staff members to ensure the effective implementation of the code of conduct. The superintendent may solicit the recommendations of the district staff, particularly teachers and administrators, regarding in service programs pertaining to the management and discipline of students.

The Board of Education will review this code of conduct every year and update it as necessary. In conducting the review, the Board will consider how effective the code’s provisions have been and whether the code has been applied fairly and consistently, in light of student discipline data to be reported annually to the Board, as well as feedback received from administrators, staff, students, parents, and community members.

The Board will appoint an advisory committee to assist in reviewing the code and the district’s response to code of conduct violations. The committee will be made up of representatives of student, teacher, administrator, and parent organizations, school safety personnel and other school personnel.

Before adopting any revisions to the code, the Board will hold at least one public hearing at which school personnel, parents, students and any other interested party may participate.

The code of conduct and any amendments to it will be filed with the Commissioner no later than 30 days after adoption.

CODE OF CONDUCT - Section IX Regulations

Policy Text

BULLYING, DISCRIMINATION, HAZING AND HARASSMENT REGULATION

Any student or employee who believes that he or she has been subject to bullying, discrimination, hazing or harassment, either verbal or non-verbal, is encouraged to report all incidents, either orally or in writing, pursuant to District policy and regulation. Anyone with relevant information may report allegations of bullying, discrimination, hazing, or harassment, whether that person is a student, a District employee, a parent or guardian, or any other person who has relevant information. The person reporting the bullying, discrimination, hazing, or harassment need not be a witness to the alleged incident in order to report allegations thereof.

Bullying, discrimination, hazing or harassment by a student should be reported to the building principal, in his/her capacity as the school’s Dignity Act Coordinator, as follows:

Bullying, discrimination, hazing or harassment by a staff member or other third-party adult shall be reported through the Building Principal, or directly, to one of the District’s Title IX Compliance Officers, as follows:

A staff member shall promptly make an oral report, as outlined above, of any actual or suspected incident of bullying, discrimination, hazing, or harassment that they have witnessed, that they are informed of, that they have become aware of, and/or that they reasonably suspect, not later than one (1) school day after becoming aware of said incident. The staff member will file a report of said incident in writing no later than two (2) school days after making the oral report. The school’s Dignity Act Coordinator will promptly investigate the complaint or will delegate the investigation to his designee (e.g. another certified administrator, the Title IX Compliance Officer, the Assistant Title IX Compliance Officer, or an outside investigator.)

Any person reporting bullying, discrimination, hazing, or harassment will be treated respectfully and appropriately by the Dignity Act Coordinator or his designeeto whom he or she reports the allegations, and by any other person within the District’s control who is involved in the reporting and/or investigation process.

The District will investigate allegations of bullying, discrimination, hazing or harassment to the best of its ability regardless of whether the alleged victim thereof is identified or is willing to speak with the Dignity Act Coordinator or his designee investigating the allegations.

Any staff member who fails to report a complaint of bullying, discrimination, hazing, or harassment will be in violation of this Board of Education policy and may be subject to disciplinary action and any applicable collectively negotiated agreement.

All complaints of bullying, discrimination, hazing, or harassment will be held in confidence to the extent practicable to enable the District to conduct a thorough investigation. While the District respects the privacy and anonymity of all parties and witnesses to complaints brought under this policy, it cannot guarantee absolute confidentiality. All staff members conducting investigations will make it clear to witnesses and others involved in the investigation that confidentiality is expected by everyone.

If the Dignity Act Coordinator or his designee has knowledge of or reason to know of the occurrence of any bullying, discrimination, hazing, or harassment, he shall investigate the incident referenced in the complaint promptly and thoroughly, even in the absence of a complaint. The investigation shall be commenced promptly after receipt of the complaint, or after the Dignity Act Coordinator or his designee has knowledge of or reason to know of the occurrence, and shall be concluded without unreasonable delay, as determined by the discretion of the Dignity Act Coordinator or his designee.

All complaints of bullying, discrimination, hazing, or harassment shall be taken seriously and a review of the complaint and an appropriate investigation shall be conducted to the extent possible. The Dignity Act Coordinator or his designee shall prepare a written report of the investigation. The report shall be filed by the Dignity Act Coordinator or his designee in the disciplinary file of the student alleged to have violated the policy. In the case of a complaint about an employee, the report shall be filed in the employee’s personnel file. The fact of a disciplinary outcome of any investigation of a bullying, discrimination, hazing. or harassment complaint shall only be relayed to the student and his/her parent/guardian or to the employee, as the case may be, as well as the accused, in compliance with any and all laws and regulations. The written report becomes the final District determination 30 days after the issuance of the written report if no appeal is made, or 30 days after the issuance of the appeal determination.

If the result of the District’s review of the complaint and a subsequent investigation indicates that bullying, discrimination, hazing, and harassment, or other inappropriate behavior has occurred resulting in the loss of another’s right to an environment that is safe, civil and respectful, and that is not free from all forms of bullying, discrimination, hazing, or harassment, immediate and appropriate corrective action that is consistent with the District’s Code of Conduct will be taken. Corrective action shall be calculated to end the bullying, discriminatory, hazing, and harassing behavior, to prevent retaliation, and be designed to ensure that the offending conduct does not limit and/or interrupt the ability of the complainant (and the victim, if different) to participate in, or benefit from, the educational services, programs and/or opportunities provided by the District.

It is the policy of the District to determine when appropriate disciplinary action should be taken against the offending individual. Disciplinary action up to and including discharge of an employee and permanent suspension of a student may occur, in accordance with the law. Follow-up inquiries shall be made to ensure that the bullying and harassment has not continued or resumed.

If the complainant, and/or his/her parent/guardian in the case of a student complainant, or the accused is not satisfied with the result of the investigation, an appeal of the finding may be made to the Board of Education.

The initiation of a complaint of bullying and harassment will not reflect negatively on the student or employee who initiates the complaint, nor will it affect the student’s academic standing, rights, privileges, or the employee’s job assignment, status, rights, privileges, or benefits.

EQUAL OPPORTUNITY

Policy Text

The Board of Education reaffirms its commitment to nondiscrimination and equal educational employment opportunities in all of its decisions, programs and activities, as follows:

The Board of Education, its officers, employees and agents, shall not discriminate against any student, employee or applicant on the basis of race, color, creed, gender, national origin, religion, age, economic status, marital status, sexual orientation or disability in its educational programs or employment practices.

This policy of nondiscrimination includes, but is not limited to: access by students to educational programs, counsel in services, course offerings, student athletics, student employment assistance, extracurricular activities and other school resources; recruitment and appointment of employees, as well as their compensation, benefits, opportunities for advancement and/or terminations.

SEXUAL HARASSMENT

Policy Text

The Board of Education is committed to safeguarding the right of all students and staff within the school district to learn and work in an environment that is free from all forms of sexual harassment and gender discrimination. Therefore, the Board, consistent with state and federal law, condemns all unwelcome and/or unwanted behavior of a sexual nature that may impose a requirement of sexual cooperation as a condition of academic achievement or employment, or that has the purpose or effect of creating an intimidating, hostile or offensive learning or working environment.

Sexual harassment can occur staff-to-student, student-to-staff, staff-to staff, student-to-student, male-to-female, female-to-male, male-to-male or female-to-female. It shall be a violation of this policy for any student, employee or third party (school visitor, vendor, etc.) to sexually harass, or discriminate based upon gender, any student, employee, or any other individual associated with the school.

Generally, sexual harassment is defined as all sexually inappropriate conduct that is unwelcome and/or unwanted, including sexual advances, requests for sexual favors, and physical or purely verbal conduct of a sexual nature, when:

1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or a student’s right to a fair and equal educational opportunity;

2. submission to or rejection of such conduct by an individual is used as a basis for employment decisions or educational decisions affecting such individual;

3. such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating a sexually intimidating, hostile, or offensive working or learning environment;

4. conditions exist within the school environment that allow or foster harassing activities of a sexual nature, including but not limited to obscene pictures, lewd jokes, sexual comments, gestures and innuendos, and sexual advances.

Examples of conduct that may constitute sexual harassment and would therefore be prohibited include:

Gender discrimination is defined as pervasive and/or severe conduct intended to intimidate or demean a person or persons of the other gender or that which treats a person of the other gender differently in the learning or working environment because of his or her gender.

The Board also specifically prohibits all student-employee relationships of a sexual or quasi-sexual nature, whether or not consensual.

The Board acknowledges that the determination of whether sexual harassment or gender discrimination has occurred will be objective, based upon the viewpoint of a reasonable person, taking into consideration the perspective of the complainant and/or victim. While the accused’s conduct and/or intention may be considered, sexual harassment may be found even where the accused had no intent to sexually harass another individual.

Sexual Harassment Complaints

Any student or employee who believes that he or she has been subjected to sexual harassment or gender discriminationmay report all incidents pursuant to the District policy and regulation. Anyone with relevant information may report allegations of harassment or discrimination, whether that person is a student, District employee, parent or guardian, or any other person who has relevant information. The person reporting the harassment or discrimination need not be a witness to the alleged incident of harassment or discrimination in order to report allegations of harassment or discrimination.

Students or their parents/guardians should report harassment or discrimination by another student to the Site Level Complaint Manager. Students and staff should report sexual harassment or gender discrimination by a staff member to the Title IX Compliance Officer. Parents and students have the right to file complaints with the U.S. Department of Education, the U.S. Department of Justice, and other state or local entities.

A staff member, Building Principal or Superintendent shall promptly report to the Site-level Complaint Manager and the Title IX Compliance Officer any harassment on the basis of sex that they observe, are informed of, or reasonably suspect. The Title IX Compliance Officer shall make a determination as to who will investigate the complaint (e.g., Building Principal, Title IX Compliance Officer, Assistant Title IX Compliance Officer, or outside investigator).

Generally, the Site-level Complaint Manager must investigate student-to-student sexual harassment complaints unless the complaint is directed against the Site-level Complaint Manager, in which case the Title IX Compliance Officer shall investigate it. Depending on the circumstances, the Title IX Compliance Officer may also conduct the investigation of a student-to-student sexual harassment complaint. Any sexual harassment/gender discrimination complaint involving an adult staff member must be reviewed by the Title IX Compliance Officer and investigated by someone not associated with the school district site where the complaint arose.

The complainant, the alleged victim, and the alleged witnesses of an incident of harassment or discrimination shall have the right to request that an investigator of the same sex as he or she interview him or her. The District shall inform the complainant, alleged victim and alleged witnesses of this right prior to interviewing them. In the event that the alleged perpetrator of an incident of harassment or discrimination is the Compliance Officer, that Compliance Officer will not conduct the investigation into the incident.

Any person reporting harassment or discrimination must be treated respectfully and appropriately by the Compliance Officer to whom he or she reports the allegations, and by any other person within the District’s control who is involved in the reporting process.

Alleged incidents of harassment or discrimination may be reported anonymously. The District will investigate such alleged incidents to the best of its ability as thoroughly as allegations that are not reported anonymously.

The District will investigate allegations of discrimination or harassment to the best of its ability regardless of whether the alleged victim of the harassment or discrimination is identified or is willing to speak with the Compliance Officer or with any other person investigating the allegations.

In reaching a conclusion regarding whether or not allegations of harassment or discrimination are substantiated, the District will expressly make findings regarding the credibility of the alleged perpetrator. The finding may be that there is insufficient evidence to determine credibility. In all cases, the credibility finding will take into account such factors as whether the alleged perpetrator’s statement(s) regarding an alleged prior incident of harassment or discrimination has been contradicted by the statements of the alleged victim or by any witness or witnesses to the alleged prior incident.

Any staff member who fails to report a complaint of sexual harassment or gender discrimination may be subject to disciplinary action in accordance with law and any applicable collectively negotiated agreement.

All complaints of sexual harassment and gender discriminationwill be held in confidence to the extent practicable to enable the District to conduct a thorough investigation as permitted by law. While the District respects the privacy and anonymity of all parties and witnesses to complaints brought under this policy, it cannot guarantee absolute confidentiality; for example, the District may have to reveal the identity of a victim or witness to comply with a discovery or disclosure obligation under law. Examples of steps that will be taken to maintain confidentiality are: conducting the investigation interviews in a location that is private, maintaining confidential files of the investigation, and limiting access to the Final Report and its findings on a need-to-know basis only.

If the District has knowledge of or reason to know of the occurrence of any alleged sexual harassment or gender discrimination, the District shall, even in the absence of a complaint, cause a prompt and thorough investigation of any such incident to be made. The investigation shall be commenced promptly after receipt of the complaint, or after the District has knowledge of or reason to know of the occurrence, and shall be concluded without unreasonable delay, as determined by the discretion of the Title IX Compliance Officer.

All complaints of sexual harassment and gender discrimination shall be taken seriously and an investigation shall be conducted to the extent possible. The investigator shall prepare a written report of the investigation. The report shall be filed with the Title IX Compliance Officer. In the case of an employee complainant, the report also shall be filed in the employee’s personnel file. The fact of a disciplinary outcome of any investigation of a sexual harassment/gender discrimination complaint shall only be relayed to the student and his/her guardian or the employee, as the case may be, as well as the accused, in compliance with state and federal privacy laws and regulations. The written report becomes the final District determination 30 days after the issuance of the written report if no appeal is made, or 30 days after the issuance of the appeal determination.

If the results of the District’s investigation indicate that sexual harassment, gender discrimination orother inappropriate behavior has occurred, immediate and appropriate corrective action will be taken. Corrective action shall be, among other things, calculated to end the harassment or discrimination and prevent retaliation, and designed to ensure that the offending conduct does not limit and/or interrupt the ability of the complainant (and the victim, if different) to participate in, or benefit from, the educational services, programs and/or opportunities provided by the District. Counseling memoranda, letters of reprimand, mandatory sexual harassment training, and appropriate disciplinary actions, are among the measures that may be taken.

It is the policy of the District to determine when appropriate disciplinary action should be taken against the offending individual in accordance with law, district policy and any applicable collectively negotiated agreement. Disciplinary action up to and including discharge of an employee and permanent suspension of a student may occur. Follow-up inquiries shall be made to ensure that the harassment has not continued or resumed.

If the District has issued a letter to the perpetrator of an incident of harassment or discrimination directing the perpetrator not to engage in further harassing or discriminatory actions, and the perpetrator disobeys that directive and engages in a further act of harassment or discrimination, the District will take additional steps with respect to the perpetrator beyond the actions that have already been taken.

If the complainant, or his/her parent/guardian in the case of a student complainant, or the accused is not satisfied with the results of the investigation, an appeal of the finding may be made to the Board of Education within 30 calendar days of the receipt of the written report by the Board of Education.

The Board prohibits retaliation against students or District employees who report allegations of harassment or discrimination on the basis of sex, or who participate in the reporting or investigation of such allegations, including against any witness who testifies in a sexual harassment/gender discrimination investigation. Follow-up inquiries by the Site-level Complaint Manager and the Title IX Compliance Officer shall be made to ensure that the complainant and/or witnesses have not suffered retaliation.

The initiation of a complaint of sexual harassment will not reflect negatively on the student or the employee who initiates the complaint, nor will it affect the student’s academic standing, rights, or privileges, or the employee’s job assignment, status, rights, privileges, or benefits.

The District shall provide appropriate training to students, to supervisory and other staff, and to Board of Education members regarding awareness of and sensitivity to issues involving sexual harassment and gender discrimination, including condemnation of such conduct, the sanctions for harassment and preventive measures to help reduce incidents of sexual harassment.

The Superintendent of Schools is directed to develop and implement specific procedures for reporting, investigating and resolving sexual harassment and gender discrimination complaints.

A copy of this policy and its accompanying regulation shall be distributed annually to all students andpersonnel, as well as new hires, and posted in appropriate places in the district.

SEXUAL HARASSMENT REGULATION

Policy Text

This regulation is intended to create and preserve an educational and working environment free from unlawful sexual harassment and gender discrimination in furtherance of the District's commitment to provide a healthy and productive environment for all students and employees that promotes respect, dignity and equity.

Complaint Officer

The Board of Education shall appoint a Title IX Compliance Officer at its annual reorganization meeting, or as needed during the year.

Reporting Complaints

Any student or employee who believes that he or she has been subjected to sexual harassment or gender discriminationmay report all incidents pursuant to the District policy and regulation. Anyone with relevant information may report allegations of harassment or discrimination, whether that person is a student, District employee, parent or guardian, or any other person who has relevant information. The person reporting the harassment or discrimination need not be a witness to the alleged incident of harassment or discrimination in order to report allegations of harassment or discrimination.

A student (or his/her parent/guardian) who believes that the student has been subjected to sexual harassment or gender discrimination by another student should immediately contact the Site-Level Complaint Manager. A student, who believes that he/she has been subjected to sexual harassment or gender discrimination by a staff member, should immediately contact the Title IX Compliance Officer. Parents and students have the right to file complaints with the U.S. Department of Education, the U.S. Department of Justice, and other state and local entities.

An employee who believes that he/she has been subjected to sexual harassment or gender discrimination or who becomes aware of a possible incident of sexual harassment or gender discrimination may immediately consult with their immediate supervisor, the Building Principal, the Superintendent of Schools or the Title IX Compliance Officer.

All complaints of sexual harassment or gender discrimination must be forwarded, in writing, to the Title IX Compliance Officer appointed by the Board of Education. Each complaint of sexual harassment should be put in writing by the individual complaining or the person who receives the complaint, and will be signed by the person complaining.

Regardless of the provisions of the preceding paragraph, alleged incidents of harassment or discrimination may be reported anonymously. The District will investigate such alleged incidents to the best of its ability as thoroughly as allegations that are not reported anonymously.

The District will investigate allegations of discrimination or harassment to the best of its ability regardless of whether the alleged victim of the harassment or discrimination is identified or is willing to speak with the Compliance Officer or with any other person investigating the allegations.

Any school district employee who is consulted with regard to a possible incident of or complaint of sexual harassment or gender discrimination shall:

1. provide a copy of the Board’s Sexual Harassment Policy and Regulations to the complainant;

2. promptly report the complaint or inquiry to the Site-level Complaint Manager and/or the Title IX Compliance Officer;

3. maintain the complainant’s privacy regarding the complaint and only communicate information regarding the complaint on a need-to-know basis; and

4. NOT attempt to provide any advice to the complainant, except to tell a student complainant to consult with his/her parents/guardian.

Any staff member who fails to report a possible incident or complaint of sexual harassment or gender discrimination may be subject to disciplinary action in accordance with law and any collectively negotiated agreement.

Any person reporting harassment or discrimination must be treated respectfully and appropriately by the Compliance Officer to whom he or she reports the allegations, and by any other person within the District’s control who is involved in the reporting process. Retaliation against students or District employees who report allegations of harassment or discrimination on the basis of sex, or who participate in the reporting or investigation of such allegations, including against any witness who testifies in a sexual harassment/gender discrimination investigation is prohibited. Follow-up inquiries by the Site-level Complaint Manager and the Title IX Compliance Officer shall be made to ensure that the complainant and/or witnesses have not suffered retaliation.

Investigation of a Complaint

The complainant, the alleged victim, and the alleged witnesses of an incident of harassment or discrimination shall have the right to request that an investigator of the same sex as he or she interview him or her. The District shall inform the complainant, alleged victim and alleged witnesses of this right prior to interviewing them. In the event that the alleged perpetrator of an incident of harassment or discrimination is the Compliance Officer, that Compliance Officer will not conduct the investigation into the incident.

Upon receipt of a complaint, the Site-level Complaint Manager shall:

1. Conduct a preliminary investigation to determine whether to proceed personally or to designate or request a different investigator.

2. Discuss the above actions with the Title IX Compliance Officer, unless he/she is the subject of the complaint, in which case the Site-level Complaint Manager should consult with the Superintendent.

3. Report the incident to the police and/or to the other appropriate authorities if the behavior constitutes or may constitute a crime.

4. Ensure that any investigation is commenced promptly after receipt of the complaint and concluded without unreasonable delay, as determined at the discretion of the Title IX Compliance Officer.

5. Document the complaint and all actions taken in writing, regardless of how informally it is resolved, and forward the written documentation to the Title IX Compliance Officer.

If, after consultation, the Site-level Complaint Manager determines that a more formal investigation is warranted, any investigation must adhere to the following:

1. A formal investigation may be conducted by a trained Site-level Complaint Manager, the Title IX Compliance officer, or an outside investigator hired by the District.

2. During the investigation, the investigator must protect the confidentiality of the complainant, the victim, the accused and all witnesses to the extent practicable and limit distribution of information about the complaint and investigation on a need-to-know basis. The investigator shall inform all parties of the need for confidentiality.

3. The investigator must immediately notify the parent(s)/guardian(s) of any child involved in the complaint, other than witnesses, that an investigation is taking place, the nature of the complaint and the nature of the child’s involvement.

4. The investigator must conduct a thorough, prompt and impartial investigation.

5. The investigator must seek out relevant documents.

6. The investigator must interview, to the extent they are willing to be interviewed, all identifiable witnesses, including the accused, the victim, the complainant, and those witnesses whose identity is made known to the investigator during the investigation. Witnesses are limited to those persons reasonably expected to have information relevant and necessary to the investigation of the alleged incident of harassment or discrimination.

7. The investigator must keep accurate documentation and records.

8. The complainant, victim and accused may bring their attorney or union representative (if applicable) to any meetings, and children may also be accompanied by their parent(s)/guardian(s).

9. The investigator must notify the accused that he/she is the subject of a complaint and that an investigation is being conducted, unless notification of the accused would endanger the complainant or other individual, or impede the investigation.

As soon as possible upon completion of any investigation, the investigator shall issue a written factual report containing:

1. A summary of the complaint and findings;

2. In reaching a conclusion regarding whether or not allegations of harassment or discrimination are substantiated, the District will expressly make findings regarding the credibility of the alleged perpetrator. The finding may be that there is insufficient evidence to determine credibility. In all cases, the credibility finding will take into account such factors as whether the alleged perpetrator’s statement(s) regarding an alleged prior incident of harassment or discrimination has been contradicted by the statements of the alleged victim or by any witness or witnesses to the alleged prior incident.

3. A determination of whether or not the behavior is a violation of one or more District policies or regulations or whether the evidence is inconclusive; and

4. Recommended action, if any.

The investigative information shall be kept on file by the Title IX Compliance Officer, so designated by the Superintendent to maintain such files, including:

1. Copies of all related written documents, including the summary report;

2. Copies of any handwritten notes taken during the investigation and interviews; and

3. Any further written details deemed by the investigator to be informative or useful to a better understanding of his/her findings.

A record of any disciplinary action taken as a result of the investigation will be placed in the employee’s or the student’s file with the opportunity to respond.

The Superintendent (or President of the Board of Education, if the Superintendent is the subject of the investigation) shall review the summary report and shall determine whether or not formal disciplinary action is needed. Formal discipline of students or staff shall be in accordance with law, district policy and any applicable collectively negotiated agreement.

If the results of the District’s investigation indicate that sexual harassment, gender discrimination orother inappropriate behavior has occurred, immediate and appropriate corrective action will be taken. Corrective action shall be, among other things, calculated to end the harassment or discrimination and prevent retaliation, and designed to ensure that the offending conduct does not limit and/or interrupt the ability of the complainant (and the victim, if different) to participate in, or benefit from, the educational services, programs and/or opportunities provided by the District. Counseling memoranda, letters of reprimand, mandatory sexual harassment training, and appropriate disciplinary actions, are among the measures that may be taken.

It is the policy of the District to determine when appropriate disciplinary action should be taken against the offending individual in accordance with law, district policy and any applicable collectively negotiated agreement. Disciplinary action up to and including discharge of an employee and permanent suspension of a student may occur. Follow-up inquiries shall be made to ensure that the harassment has not continued or resumed.

If the District has issued a letter to the perpetrator of an incident of harassment or discrimination directing the perpetrator not to engage in further harassing or discriminatory actions, and the perpetrator disobeys that directive and engages in a further act of harassment or discrimination, the District will take additional steps with respect to the perpetrator beyond the actions that have already been taken.

Appeal Procedure

The victim (or his/her parents/guardian if a minor) and/or the accused may appeal the findings and/or recommendations of the investigation, as contained in the summary report, subject to the following guidelines:

1. The appeal must be in writing.

2. The appeal must be made by the accused or the alleged victim within 30 calendar days from the date of receipt of the results of the investigation.

3. The appeal must be made to the Board of Education, who shall review all relevant information within 30 calendar days of the date of the filing of the appeal.

4. The determination of the Board is final insofar as the District policy is concerned.

District Training and Distribution of Policy

The Superintendent shall implement specific and continuing actions to notify students, parents/guardians, employees and prospective students and employees that the District does not discriminate on the basis of gender in the educational programs or activities that it operates, as required by Title IX. Such actions may include, but are not limited to:

1. annual publication in local newspapers and/or school district publications;

2. announcements in school sponsored publications; and

3. memoranda or other written communications distributed to students and employees.

The Superintendent shall provide for student and staff training in accordance with the

District’s Sexual Harassment policy.

The Superintendent shall ensure that all students, parents/guardians and staff are informed of the name, office address and office telephone numbers of the Title IX Compliance Officer, and that such information is posted conspicuously and updated, as needed.

The District’s Sexual Harassment policy shall always be distributed with a copy of the applicable regulations.

BULLYING AND HARASSMENT

Policy Text

(Effective July 1, 2012, see Policy 5300 – Code of Conduct, Section IX – Bullying, Discrimination, Hazing and Harassment for a relocated and modified version of this policy per New York State’s Dignity for All Students Act legislation.)

SEXUAL MISCONDUCT

Policy Text

The Board of Education requires the relationship between employees, volunteers, consultants and students to be based upon mutual respect and professionalism. All employees, volunteers and consultants are expected to exercise good judgment and maintain professional boundaries when interacting with students and each other, in all curricular and extra-curricular activities, both on and off school property.

Any behavior of a sexual nature between employees, volunteers, consultants and students, which may also constitute professional misconduct, and may be a violation of criminal or civil statutes, professional codes of ethics or board policy, is strictly prohibited. Such behavior may include, but is not limited to, the following:

Any conduct that may or would constitute sexual harassment, discrimination, or retaliation under Title IX of the Education Amendments of 1972.

Any conduct that would constitute sexual abuse of a minor under the New York State Penal Law (e.g., rape, forcible touching, sexual intercourse, aggravated sexual conduct, etc.)

Any sexual relationship by an employee, volunteer or consultant with (1) any K-12 student in the district, regardless of the student's age, or (2) a former student under age 18.

Any activity directed toward establishing a sexual relationship with a student, such as dating, sending intimate letters; and/or engaging in sexualized dialogue whether in person, by phone, via electronic communication, or in writing.

Individuals who become aware of any sexual misconduct by an administrator, employee, volunteer or consultant of the District are required to report such action to the Title IX Compliance Officers, the Building Principal, or the Superintendent of Schools.

After a thorough investigation and a finding of misconduct, the District will take prompt and appropriate disciplinary action in accordance with District policy, collective bargaining agreements and appropriate criminal and civil statutes. Where appropriate, such disciplinary penalties may involve seeking revocation of certification and/or reporting such activity to appropriate law enforcement officials.

HIV/AIDS POLICY

Policy Text

The Board of Education recognizes the public concern over the health issues surrounding Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS). The Board recognizes, based upon the current state of medical knowledge, that the virus associated with AIDS is not easily transmitted and there is no evidence that AIDS or the HIV virus can be transmitted by casual social contact in the open school setting.

The Board further recognizes the privacy rights of students diagnosed with HIV infection or AIDS and their right to a free appropriate public education; the rights of HIV infected employees to privacy and reasonable accommodations; the rights of all non-infected individuals to a safe environment free of any significant risks to their health; and the rights of all students to instruction regarding the nature, transmission, prevention, and treatment of HIV infection, pursuant to the Commissioner’s Regulation, Part 135.3.

No individual shall be denied access to any program or activity sponsored by or conducted on the grounds of the district, solely on the basis of his/her status as an HIV-infected individual.

Students

It is the policy of the Board that:

1. A student’s education shall not be interrupted or curtailed solely on the basis of his/her HIV status. HIV-infected students shall be afforded the same rights, privileges, and services available to every other student.

2. No student shall be referred to the Committee on Special Education solely on the basis of his/her HIV status. A student who is infected with HIV shall be referred to the Committee on Special Education (CSE) only when the student’s disability interferes with his/her ability to benefit from instruction. Such referral shall be made in accordance with Part 200 of Commissioner’s Regulations.

3. If a student who is HIV-infected requires special accommodations to enable him/her to continue to attend school, the student shall be referred to the appropriate multi-disciplinary team as required by §504 of the Rehabilitation Act.

4. No disclosure of HIV related information involving a student shall be made without first obtaining the informed consent of the parent, guardian or student on the Department of Health (DOH) approved form. (See the generic Department of Health Authorization of Release of Confidential HIV Related Information.)

5. Students with HIV and AIDS may develop immune deficiency which places them at increased risk of experiencing severe complications from infections

such as chicken pox, tuberculosis, measles, cytomyalovirus, and herpes simplex. Therefore, these students should not receive live virus vaccines and should be excused from regulations requiring them.

Employees

It is the policy of the Board that:

1. No employees shall be prevented from continuing in his/her employment solely on the basis of his/her HIV status; such employees are entitled to all rights, privileges, and services accorded to other employees and shall be entitled to reasonable accommodations to the extent that such accommodations enable such individuals to perform their duties.

2. No disciplinary action or other adverse action shall be taken against any employee solely on the basis of his/her status as HIV infected or a person with AIDS. Such action will only be taken where, even with the provision of reasonable accommodations, the individual is unable to perform his/her duties.

3. All employees shall have access to and become familiar with the district’s exposure control plan as required by the federal Office of Safety and Health Association (OSHA).

4. In accordance with OSHA regulations, training in universal precautions and infection control shall be offered to all employees and shall be provided to every employee with potential occupational exposure.

Confidentiality

Any information obtained regarding the HIV status of an individual connected to the

school shall not be released to third parties, except to those persons who are:

1. named on an Authorization for Release of Confidential HIV Related Information form;

2. named in a special HIV court order; or

3. as indicated in Public Health Law §2782, when necessary to provide health care to the individual (i.e., to the school physician and the school nurse).

Any employee who breaches the confidentiality of a person who is HIV infected

shall be subject to disciplinary action in accordance with applicable law and/or

collective bargaining agreement. To protect the confidentiality of an HIV infected

individual, any documents identifying the HIV status of such individuals shall be

maintained by the school nurse (or another authorized individual) in a secure file,

separate from the individual’s regular file. Access to such file shall be granted only

to those persons named on the Department of Health approved Authorization for

release of Confidential HIV Related Information form, or through a special HIV court order. When information is disclosed, a statement prohibiting further redisclosure, except when in compliance with the law, must accompany the disclosure.

HIV/AIDS Testing

No school official shall require a student or employee to undergo an HIV antibody test or other HIV-related test. In accordance with OSHA regulations in the event of an incident involving the exposure of one individual to the potentially infectious body fluids of another individual, particularly blood or any other fluid which contains visible blood, an HIV test may be requested but NOT required. The request and refusal must be documented.

However, school officials shall not be precluded from requiring a student or employee to undergo a physical examination pursuant to Education Law §§903 and 913, when other illness is suspected (e.g., tuberculosis), as long as no HIV antibody test or other HIV-related test is administered without the individual’s informed consent as required by Public Health Law §27-F.

To implement this policy, the Superintendent of Schools is directed to arrange for staff training, to distribute copies of this policy to all employees of the district, and to include it in the district’s student handbook, and to establish an advisory council to make recommendations on the development, implementation, and evaluation of HIV/AIDS instruction as a part of comprehensive health education.

DESIRED LEARNER OUTCOMES

Policy Text

The Board of Education upholds and supports the District’s Mission as stated in our Comprehensive District Education Plan by creating and encouraging opportunities for all Rhinebeck Central School District graduates to become:

· Self-directed learners, who use positive core values to create a positive vision for themselves and their future, set priorities, and achievable goals, create options for themselves, monitor and evaluate their progress, and assume responsibility for their actions.

· Collaborative workers, who use effective leadership and group skills to develop and manage interpersonal relationships within culturally and organizationally diverse settings.

· Complex thinkers, who identify, access, integrate, and use available resources and information to reason, make decisions, and solve complex problems in a variety of contexts.

· Community contributors, who contribute their time, energies, and talents to improving the welfare of others and the quality of life in their diverse communities.

· Quality producers, who create intellectual, artistic, practical, and physical products which reflect originality, high standards, and the use of appropriate advanced technologies.

EVALUATION OF SCHOOL BOARD OPERATIONAL PROCEDURES

Policy Text

The Board of Education shall review the effectiveness of its internal operations at least once annually. The Superintendent of Schools shall participate in this review and suggest ways by which the Board can improve its functioning as a deliberative and legislative body.

EVALUATION OF PROFESSIONAL STAFF

The Board of Education establishes an annual professional performance review plan to improve instruction through the improvement of professional performance.

Objectives of Annual Professional Performance Review

• To sustain a positive view towards pedagogical improvement.

• To identify short and long range goals of the teacher, the administrator, and the school, and to improve upon the strengths and areas that need improvement in our teaching and administrative staffs.

• To produce students demonstrating continuous improvement in academic achievement as guided by the New York State Learning Standards.

Criteria and Procedures

Criteria for professional review will be developed according to Commissioner’s Regulations to reflect the best state of knowledge about teaching procedures, instruction, student learning, and administrative practice, as appropriate. Review procedures will include a description of the review activities, the methods used to record review results, and the processes used to implement the program and allow professionals the opportunity to comment on their review.

Professional review criteria and procedures will be outlined in the Annual Professional Performance Review (APPR) section of the Comprehensive District Education Plan (CDEP). The procedures and guidelines for formal observations and evaluations of teachers and administrators shall be those agreed to with the employee organization(s) representing such professional staff and set forth in their respective collective bargaining agreements.

EVALUATION OF INSTRUCTIONAL PROGRAMS

Policy Text

The Superintendent of Schools shall develop standards and procedures for the evaluation of instructional programs.The Board shall receive regular reports of the results of instructional program evaluations.

ANNUAL DISTRICT MEETING AND ELECTION

Policy Text

The district shall hold an annual meeting and election at which the district’s authorized voters will elect members of the Board of Education and vote on the district budget for the coming school year. The annual district meeting and election will be held on the third Tuesday in May, unless this date conflicts with religious observances on that day, in which case the annual meeting and election will be held on the second Tuesday in May.

The District Clerk shall publish a notice of the time and place of the annual meeting and election at least four times within the seven weeks prior to the meeting, in two newspapers having general circulation within the district. The first publication of the notice shall be at least 45 days prior to the meeting. The notice shall also contain notice of any other matter required by law.

Copies of the budget to be voted upon at the annual meeting election will be available in each district school building for district residents upon request at the time of the annual meeting and election and 14 days (other than Saturday, Sunday and holidays) prior to the meeting.

The Board shall appoint assistant clerks and election inspectors necessary for the annual meeting and election at a Board meeting held before the annual meeting and election.

Propositions

The Board has the authority, under the Education Law, to adopt reasonable rules and regulations concerning the submission of petitions to the Board to place propositions on the ballot which may amend the budget. Pursuant to those provisions, the Board establishes the following guidelines:

1. Unless otherwise provided by the Education Law, petitions for the submission of a proposition must contain a minimum of 25 signatures of qualified voters of the district, or 5 percent of the number of voters at the last annual election, whichever is greater.

2. Petitions must be filed with the District Clerk at least 30 days prior to the annual meeting, except for petitions relating to a proposition which must be included in the notice of the annual meeting (e.g., changing the number of board members). Such petitions must be submitted 60 days in advance of the annual meeting to facilitate the preparation and printing of the ballots.

3. Propositions must include the specific appropriations necessary for the purposes listed.

4. Wording of a petition must comply with legal requirements. If the wording does not comply, it may be changed or altered by the Board, or the Board may reject a petition for failure to comply.

Propositions received in accordance with these specifications will be placed on the ballot as amendments and will be voted upon by the voters in the same manner as the proposed budget, except that the Board shall not be required to place any proposition on the ballot which is within the exclusive province of the Board, or otherwise forbidden by law. No proposition involving the budget may be submitted to the voters more than twice.

PUBLIC INFORMATION PROGRAM

Policy Text

The Board of Education shall ensure the flow of ideas and information about the schools to and from the community in order to develop a strong educational program. Information about the schools and the educational program shall be disbursed through area newspapers, radio, and television, and through the District’s web site and social media.

Board publicity shall be issued by the Superintendent of Schools on authorization of the Board. Information about the routine activities of school shall be released by the administrator of that particular division. School publicity which is likely to arouse controversy or is of districtwide importance shall be submitted to the Superintendent for evaluation. The Superintendent shall make the final decision as to whether such information will be disseminated.

School connected groups, not under the sponsorship of the Board, such as the Parent-Teacher-Student Organization, shall be encouraged to work closely with school authorities in a cooperative effort to prepare information which is designed to be of benefit to the educational program.

The Superintendent is authorized to publish a newsletter for school publicity.

The Board expects all school district personnel to carry on a positive continuous program of public relations with the goal of informing the public of the school’s needs, conditions, and resources. This should be done through the employees’ personal contacts. To this end, the administration shall keep employees informed of school happenings.

SCHOOL DISTRICT RECORDS

Policy Text

t is the policy of the Board of Education to inform members of the public about the administration and operation of the public schools in accordance with the Freedom of Information Law of the State of New York.

The Superintendent of Schools shall develop regulations ensuring compliance with the Freedom of Information Law and governing the procedures to be followed to obtain access to district records, and submit such regulations to the Board for approval. The Superintendent shall designate, with Board approval, a Records Access and Records Management Officer, pursuant to law.

Retention and Destruction of Records:

The Board hereby adopts as policy the Records Retention and Disposition Schedules as promulgated by the Commissioner of Education, setting forth the minimum length of time school district records must be retained.

District Reference

,

General Reference

Public Officers Law §84 et seq. Education Law §2116Arts and Cultural Affairs Law §57.11Local Government Records Law, Article 57-A8 NYCRR Part 185

NEWS MEDIA RELATIONS

Policy Text

The Board of Education invites and welcomes the active participation of all forms of mass media in promoting the cause of good education within the district and elsewhere. The Board encourages suggestions and advice from representatives of the media as to how best to facilitate the flow of information to them from the Board and others within the school system.

All staff desiring to release information to the media should first notify the Building Principal. The Superintendent of Schools shall establish all necessary procedures to govern day-to-day interactions between the schools and the news media.

ADVERTISING MATERIALS AND ANNOUNCEMENTS

Policy Text

As a service to parents and children, the Rhinebeck Central School District permits notices to be made available or otherwise distributed to parents/guardians about various activities and events taking place in our community and at times, outside of school district boundaries.

Notices are frequently provided to parents/guardians through their children as documents or flyers distributed via backpack mail, predominantly at the elementary school level, or as announcements in the weekly elementary school newsletter on a space available basis, and sometimes via currently available means of communication such as e-mail, other school publications, or the District website. No print materials will be distributed through school district or school building mailings.

Such information includes, but is not limited to, little league baseball and softball, and other youth recreation programs; local arts and crafts activities; and cultural and entertainment events and opportunities in the Town of Rhinebeck and other towns within the boundaries of the school district, as well as in the Mid-Hudson region.

It must be clearly noted, in writing, as part of any advertising material, flyer, announcement, e-mail, school publication, or website posting that the activity, event, or program is not sponsored, affiliated with or endorsed in any way by the Rhinebeck Central School District. Upon receipt, it is the responsibility of parents/guardians to discard or delete information that is of no interest or to inquire further with the sponsoring organization about those activities they may wish to pursue for their children.

With advance approval from the building principal or his/her designee, information concerning activities, events, programs, and other opportunities of interest to children and their families in the Rhinebeck Central School District may be distributed to students, provided that the activity, event, program, or opportunity is conducted or sponsored by an agency of federal, state, or local government, or by a not-for-profit group that can furnish documentation of recognition as a non-profit organization by the Internal Revenue Service. Also, the building principal may request additional information concerning the governance structure and/or mission of the organization. Such details are requested solely for the purpose of confirming that the organization is within the coverage of this policy and its accompanying regulations.

The agency or organization seeking to distribute information to students in District schools must provide an electronic copy or a sufficient number of hard copies of the document, as appropriate; the District will not make hard copies for this purpose. The Rhinebeck Central School District retains the right to withdraw approval of material from any source if it is determined that distribution would undermine the intent of this policy or cause disruption in the school or school community.

The Superintendent is directed to develop and implement the necessary regulations to ensure that this policy is implemented throughout the school system.

ADVERTISING MATERIALS AND ANNOUNCEMENTS REGULATION

Policy Text

The purpose of this regulation is to provide guidelines for the approval and distribution of advertising materials and/or announcements, both in hard copy and digitally, that are sent home to parents often, though not exclusively, with students in the elementary grades, K-5.

1. School-related notices sent to parents will be given the highest priority and may necessitate that non-school related materials be withheld at any given time. The District reserves the right to limit the number of informational items in a given week or other period of time. Information from outside groups can be distributed, starting with the second week of school, unless there is a clear need to send the notice home sooner.

2. Information from not-for-profit organizations will be considered for distribution as long as the main focus is on services or activities of general interest for children, as determined by the building principal. A not-for-profit group must be able to furnish Internal Revenue Service nonprofit documentation if requested. Also, the building principal may request additional information concerning the governance structure and/or mission of the organization. Such information is requested solely for the purpose of confirming that the organization is within the coverage of this policy and regulations.

3. All information must be submitted to the building principal for prior approval. Requests must be submitted at least five (5) school days in advance of the suggested distribution date. For hard copies, it is strongly recommended that photocopying not occur until approval from the building principal is received in case changes are necessary.

4. Other than activities sponsored by recognized school groups, the PTSO, and athletic or other booster clubs, which must be prominently titled, all materials must include the following statement in a box format:

This information is being distributed by the Rhinebeck Central School District as a community service to students and parents for informational purposes only. This program is not affiliated with nor endorsed in any way by the Rhinebeck Central School District.

5. Upon approval by the building principal, the responsibility for photocopying, in the case of hard copies, must be assumed by the organization requesting distribution. Packets must be separated into groups of 25 and delivered to the elementary school’s main office.

CITIZENS ADVISORY COMMITTEES

Policy Text

The Board of Education shall, at its discretion and in accordance with state law and regulation, appoint Citizens Advisory Committees of representative residents of the district to meet with the Board to provide advice and reaction about important matters before the Board which may have special significance for the community.

Each citizens committee organized by the Board shall be appointed and discharged by official Board resolutions. Resolutions appointing such committees shall state specifically the scope of the work of the committee.

Appointments to Citizens Advisory Committees shall be on the basis of interest, experience, expertise, and concern. No one shall be appointed as a representative of a specific group or area, unless it is the express purpose of the Board to have all areas of the community represented, in which case the Board will, in its discretion, appoint representative members of every such group or area. The Board shall make every effort to form a committee that is representative of the entire community, including representation from building and district planning teams.

Committees shall report all suggestions and recommendations to the Board and Superintendent of Schools prior to public release. Final reports shall be delivered to the Board at a meeting scheduled by the Board to receive the report.

The Board may accept, reject, or return committee recommendations for further study. Any action stemming from committee reports is the responsibility of the Board. Publicity, or the release of information, concerning committee findings shall be the responsibility and the prerogative of the Board. Advisory committees shall be discontinued upon completion of their assignment(s).

RELATIONS WITH SUPPORT ORGANIZATIONS

Policy Text

The Board of Education recognizes that community groups that provide financial and/or other assistance for extracurricular activities, the approved school curriculum, or other school programs, sometimes known as "booster" organizations, provide important support and can be a valuable means of stimulating community interest in the aims and activities of the District’s schools. Support groups/booster organizations may be defined in two ways:

1. an organization which is created to foster community support and raise funds for a specific extracurricular, curricular and/or other program activity (e.g., athletics, technology, content–area curricula, and/or musical groups); or

2. an organization which is created to foster community support and raise funds for the school's general program.

Parents and other interested members of the community who wish to organize a support group or booster organization for the purpose of assisting a specific school program are encouraged to do so, as long as the activities of such organizations are consistent with the District’s stated mission, vision and core beliefs, do not interfere with the total educational program, or do not disrupt district operations in any way. To this end, support groups/booster organizations must follow these guidelines:

1. be voluntary and not for profit, and support a specific school activity, curriculum or program;

2. submit an activity schedule in advance to the Superintendent of Schools or designee for prior approval (Any time the support group/booster organization uses the name of the school district, or any language suggesting that the district has endorsed, sponsored or otherwise approved of the organization’s activities, there must be prior approval by the Superintendent.);

3. seek advance Board approval for any use of school facilities and/or equipment, following procedures outlined in administrative regulation 1500-R, Public Use of School Facilities Regulation;

4. avoid interference with the decision-making of any student group;

5. understand and respect the authority of district employees in the administration of their duties; and

6. assume all financial responsibility for their organization, including but not limited to the provision of adequate insurance coverage, as appropriate.

If a support group/booster organization wishes to make a contribution of money, service time, or tangible property (e.g., equipment or supplies), a representative of the organization should first meet with the Superintendent. The Superintendent must identify the district's terms and conditions of accepting such gifts, and seek the Board's official approval before accepting or publicly announcing any contribution.

Proposed plans, projects and other activities of such support groups or booster organizations must be evaluated and promoted in light of their stated contribution to the academic as well as the extra-curricular school programs. Careful consideration should be given to the total value of the contribution to all students, and not just to specific student groups.

The Board retains final responsibility and authority on all activities which have an impact on students, the schools, school programs, and/or school-owned property.

PUBLIC PARTICIPATION AT BOARD MEETINGS

Policy Text

The Board of Education recognizes its responsibility to hear and respond to public comment, and therefore encourages public participation at Board meetings. There will be a specific agenda item at each Board meeting to provide an opportunity to address the Board.

Rules of Order In Public Meetings

• When a member of the public wishes to speak, he/she shall address the chair.

• If two or more persons wish to speak, the chair shall designate the person to speak first.

• The speaker shall give his/her name and address before proceeding further.

• All remarks shall be addressed to the chair.

• The speaker shall confine him/herself to the question under debate, and avoid comments of a personal nature.

• No person shall speak upon a subject more than twice, no more than five minutes each time, except by consent (of the Board).

• No person shall speak a second time until all have had a first chance to speak.

• The right of individuals to speak without interruption is paramount, provided they remain in accordance with these rules.

• No calls for expression of sentiment shall be made except upon request by the chair.

VISITORS TO THE SCHOOLS

Policy Text

The district welcomes visits to its schools. Anyone who is not a regular staff member or student is considered a visitor for the purposes of this policy.

Since schools are a place of work and learning, certain limits must be set for such visits. These visits are governed by appropriate administrative regulations, to be developed by the Superintendent, that outline those limits. The building principal or his/her designee is responsible for all persons in the school building and on the school grounds.

Immediately upon entering the school building, all visitors shall report to the greeter’s station at the building’s main entrance, sign in, and receive a visitor’s badge. Unscheduled visitors who desire to visit a school building shall then report to the main office to request the permission of the appropriate school administrator. The administrator must consider the rights of all staff and students in considering whether or not to allow such visits, whether scheduled or unscheduled.

Student visitors from other schools are subject to the approval of the school administration, who will issue visitor passes. No student visitors from the immediate region will be approved if their school is in session. Written permission from parents must be presented at least 24 hours in advance. Visitations will not be approved for social reasons.

PUBLIC CONCERNS

Policy Text

The Board of Education recognizes the right of community members to register individual or group concerns regarding instruction, district programs, instructional materials, operations, and/or staff members. The main goal of the district is to resolve such concerns with the individual most directly involved with the concern whenever possible.

Public concerns about the school district will be directed to the proper administrative personnel. Concerns about specific classroom practices shall be directed to the relevant teacher. If the matter is not settled satisfactorily, the individual raising the concern shall then contact the Building Principal. If there is no resolution at this level, the Superintendent of Schools shall be contacted.

Whenever a concern is brought directly to the Board or to an individual Board member, it shall be referred to the Superintendent of Schools for study and possible resolution by the employee or the employee’s immediate supervisor, as appropriate to the specific situation.

Concerns should be communicated as such to the appropriate individual, as outlined above, either in writing (either by hard copy or e-mail) or in person through a personal appointment and meeting. In the case of a meeting by appointment, it is recommended, but not required, that the concern be provided in writing to the relevant District staff member beforehand. Informal conversations or communications with individual staff or Board of Education members may not be viewed as triggering this policy.

Concerns are most easily resolved when they are brought to the attention of the appropriate individual as soon as possible. The District’s ability to respond effectively is severely hampered by reporting concerns long after the occurrence giving rise to the concern. In addition, anonymous reporting of a concern significantly limits the District’s ability to fully address the concerns. The District will make reasonable efforts to follow up on or monitor concerns raised anonymously.

When a concern is received from a parent or other member of the community, the appropriate District staff member will acknowledge the concern, outline how the concern will be addressed, will attempt to address and/or resolve the concern as outlined, will follow-up within ten (10) school days with the individual who brought forth the concern, as permissible by applicable state or federal law, regulation or contractual obligation, and will document the concern and the action taken.

Any retaliatory behavior directed by a staff member against those bringing forth concerns or against any other individual(s) connected with the concern is strictly prohibited, is a violation of this policy, and should be reported immediately to the employee’s immediate supervisor. Teachers, administrators, and other staff members are professionals who are expected to operate under the highest standards of conduct, especially in this regard.

The Superintendent may refer the issue of a public concern to the Board for final resolution. Upon final resolution by the Board, a written response will be sent to the person who raised the concern.

PUBLIC CONCERNS ABOUT POLICIES

Policy Text

Public Concerns about Board of Education policies should be directed to the Superintendent of Schools. Concerns shall be in writing, stating the specific objections to the specific policy.

The Superintendent shall review any concern and conduct whatever study or investigation he/she deems appropriate. The Superintendent shall then submit the concern and his/her recommendation to the Board. The Board shall then review the policy, amend or repeal the policy, if appropriate, and notify the individual bringing forth the concern of the action taken.

PUBLIC CONCERNS ABOUT CURRICULA OR INSTRUCTIONAL MATERIALS

Policy Text

Public concerns about curricula and/or textbooks, library books and other instructional material should be directed to the classroom teacher or the library media specialist, as appropriate. If unresolved to the satisfaction of the individual raising the concern, it should then be directed to the attention of the building principal. If still unresolved by the building principal, the concern should be submitted to the Superintendent of Schools.

1. an opportunity for an informal conference with the concerned individual;

2. the submission of formal written concerns on a prescribed form;

3. the formation of an instructional material review committee. An instructional material review committee, consisting of the Director of Curriculum and Instruction, teachers or other staff with expertise related to the particular curricular area, and/or other individuals deemed appropriate to the task, will be selected at the discretion of the Superintendent and convened upon his/her receipt of the concern. The committee shall review the details of the concern, including the textbook, library book, and/or instructional material in question and make recommendations to the Superintendent concerning the disposition of any concern;

4. a decision by the Superintendent; and

5. the ability to appeal to the Board. The decision of the Board shall be final.

PROCEDURE FOR ADDRESSING PUBLIC CONCERNS ABOUT CURRICULA OR INSTRUCTIONAL MATERIALS

Policy Text

The purpose of this regulation is to provide guidelines for the review of curricula and/or instructional materials, including but not limited to textbooks or library books, in response to public complaints thereof, as follows:.

1.In the event of a complaint about a certain curriculum or portion thereof, or of instructional materials, including textbooks, library books, an informal conference will be held between the teacher or library media specialist, as appropriate and the individual raising the concern.

2.If the concern is not able to be addressed satisfactorily between the teacher and the concerned individual, the concern should be brought to the attention of the building principal for a meeting to review and resolve the concern.

3.If still unresolved, the concerned individual will make the Superintendent of Schools aware of the ongoing concern either verbally or in writing.

4.The concerned individual will be asked to submit the details of his/her concern in writing on the prescribed Instructional Materials Review form to the Superintendent of Schools.

5.Concurrently, the Superintendent will form and convene an Instructional Materials Review Committee. The Committee will consist of the Director of Curriculum and Instruction, several teachers or other staff members with expertise in the particular curricular area related to the concern, including the library media specialist if and as appropriate, and or other individuals when appropriate to the concern raised, at the discretion of the Superintendent.

6.The Committee shall review the textbook, library book, and/or instructional material in question, as well as the details of the concern as outlined on the Instructional Materials Review form. The Committee will make recommendations to the Superintendent concerning the disposition of the concern under review.

7.A decision will be rendered by the Superintendent in response to the concern and the recommendations of the Instructional Materials Review Committee.

8.The concerned individual may appeal the decision of the Superintendent of Schools to the Board of Education. The decision of the Board shall be final.

Reviewed by BOE 01-22-131420-E

INSTRUCTIONAL MATERIALS REVIEW FORM

(Attach additional information if more space is needed than what is available below.)

PUBLIC CONCERNS ABOUT SCHOOL PERSONNEL

It is the policy of the Board of Education that, whenever practicable, public concerns involving school personnel should be brought to the attention of District staff in the following order:

1. the affected staff member

2. the staff member’s immediate supervisor

3.the Superintendent

4.the Board of Education

Concerns regarding individual staff members should, where possible, be resolved at the level closest to where the concern arises and as soon as possible following the occurrence giving rise to the concern.

However, whenever a concern is brought directly to the Board or to an individual Board member, it shall be referred to the Superintendent of Schools for study and possible solution by the employee’s immediate supervisor. The staff member involved shall be advised in due course of the nature of the concern and shall be given a full opportunity to explain, comment, and present the facts as he/she sees them. If the concern is not able to be resolved by the employee’s immediate supervisor, the matter will be addressed by the Superintendent.

Consistent with the Open Meetings Law, the Board shall discuss issues pertaining to concerns about a staff member in executive session.

The Board shall conduct such meetings in as fair and just a manner as possible. The Board may enlist a disinterested third party to act as moderator to help it reach a mutually satisfactory solution.

Public Concerns About Bus Drivers

Whenever practicable, the proper channeling through the school of concerns involving bus drivers is:

PUBLIC USE OF SCHOOL FACILITIES

Policy Text

The buildings and grounds of the district should be used and enjoyed by the residents of the school district, not only as essential elements in the educational programs of the district, but as civic facilities open to the community for its use and enjoyment. To this end, the Board encourages the public use of school facilities when such facilities are not being used for school district purposes or when such use will interfere with the programs and activities of the school district.

The Board directs the Superintendent of Schools to develop regulations to allow for the public use of school district property and facilities while protecting the school district from liability. Regulations should be reasonable and proper and not be deterrents to the recreational and educational desires of the community.

Permission may be granted to non-school organizations to use school facilities under the following general considerations:

1. For social, civic and recreational meetings and entertainments which are non-exclusive and open to the public.

2. For meetings, entertainments and occasions where admission fees are charged, but only where the proceeds are expended for an educational or charitable purpose (including veterans’ organizations, organizations of volunteer firefighters and volunteer ambulance workers, senior citizens groups, and non-profit organizations).

3. For recreation, physical training and athletics, including competitive athletic contests of children attending a private nonprofit school.

4. For child care services during non-school hours, provided that the cost of such care shall not be a school district charge but shall be paid by the person responsible for the support of such child, by the local social services district as authorized by law, or by any other public or private voluntary source or any combination thereof.

Authorization for use of school facilities shall not be considered an endorsement of or approval of the activity group or organization nor the purposes they represent.

PUBLIC SALES ON SCHOOL PROPERTY

Policy Text

The New York State Constitution expressly prohibits the use of public school property or personnel “in aid of any individual, or private corporation or association.” Accordingly, any requests from civic institutions or special interest groups which involve sales on school property or fund raising must be carefully reviewed to ensure that on balance such activities promote student interests without advancing the special interests of any particular group.

Because of the demands upon staff and students in time and money that result from participation in charitable and community fund raising campaigns, the Board will not sanction any fund raising projects for the benefit of non-school organizations.

In accordance with the prohibition of the Board of Regents and since there is a large disparity in family incomes and obligations among students, no direct solicitation of students shall be allowed on school property.

District Reference

,

General Reference

New York State Constitution Article 8 §1Rules of the Board of Regents 8 NYCRR §19.6

ADVERTISING IN THE SCHOOLS

Policy Text

Students and staff members shall not purposefully advertise or promote the interests of any non-school agency or organization, public or private, be it political, sectarian, or commercial in nature, in school or on school premises without the approval of the Board or its delegated representative. Any such approval of the Board or its delegated representative, and any such approval granted for whatever cause or group, shall not be construed as an endorsement of said cause or group.

This policy does not prohibit announcements and publicity by non-profit community groups being made in the school seeking to advertise their campaigns and/or to ask for student volunteers. Any such requests must be cleared in advance through the Building Principal’s office.

Such announcements may be made at the time regular school announcements are made. Publicity will be limited to the usual student newspaper, bulletin board and poster activity conducted for school organizations. All announcements and publicity must be cleared in advance to assure that they do not contain an implication that an activity is conducted as an official school activity or any material that might be considered coercive by any students or staff. School officials retain the right to deny a non-school request or restrict its publicity.

In the case of colleges, universities, armed service agencies, corporations, businesses and public service agencies, it is the policy of the Board that access to schools shall be encouraged to bring career and occupational information to students. The Superintendent shall ensure that such activities are carefully monitored to restrict any commercial advertisement.

PUBLIC CONDUCT ON SCHOOL PROPERTY

Policy Text

The primary purpose of the district is to provide a superior atmosphere for learning and education. Any action by an individual or group aimed at disrupting, interfering or delaying the education process or having such effect, is hereby declared to be in violation of Board policy. The Board shall approve rules and regulations to effect this policy as required by Education Law §2801.

The Board has the responsibility to protect school property and declares its intent to take any and all legal action to prevent its damage or destruction. The Board may also seek restitution from, and prosecution of, any person or persons who willfully damage school property.

It is not the intent of this policy to limit freedom of speech or peaceful assembly. Free inquiry and free expression are indispensable to the objectives of a school district. The purpose of the rules and regulations is to prevent abuse of the rights of others and to maintain public order, not to prevent or restrain controversy or dissent.

RELATIONS WITH BOCES

Policy Text

The Board of Education will continue its participation in programs and services available through the Dutchess County and Ulster County Boards of Cooperative Educational Services subject to the Board’s annual review and approval.

RELATIONS WITH COLLEGES AND UNIVERSITIES

Policy Text

The Board of Education recognizes the value in maintaining cooperative relations with colleges and universities as one way of promoting future attendance of students at higher learning institutions. Accordingly, the Superintendent of Schools or his/her designee shall welcome representatives of higher educational institutions who wish to speak to students interested in attending their college upon completion of secondary education.

RELATIONS WITH NONPUBLIC SCHOOLS

Policy Text

The Superintendent of Schools or his/her designee shall:

1. Maintain liaison with the administrators of all private and parochial schools which enroll significant numbers of students residing in this district in order to be aware of any program changes that may be planned which could affect this district.

2. Determine how this district can advance the education of resident students attending parochial or private schools by the provision in these schools of special programs after regular school hours, during summer recess, and as part of the adult or continuing education program.

3. Cooperate fully in the implementation of all state and federal programs administered by this district which benefit, in whole or in part, eligible students attending private or parochial school.

HOME INSTRUCTION

Policy Text

The Board of Education acknowledges that resident parents/guardians have the right and may elect to provide educational requirements mandated by New York State law and regulations for their child in their homes or otherwise outside of the public or non-public schools. The exercise of such right shall constitute “home instruction.”

Parents/Guardians who wish to educate their child(ren) at home must submit to the district a letter of intent and an individual home instruction plan (IHIP), outlining the educational goals to be met and the course materials and syllabi to be used each year or a plan of instruction to be followed for the child's learning process. The district may accept or deny an IHIP. Parents/Guardians must submit quarterly reports and an annual assessment, as specified in the regulations of the Commissioner of Education, which will provide the district with the necessary information to make determinations that substantial adequate academic progress has been made.

Parents/Guardians may appeal to the Board a determination by the Superintendent of Schools or designee that an IHIP is not in compliance with the Regulations of the Commissioner of Education. Parents/Guardians shall have the right to appeal the final determination of the Board to the Commissioner of Education within 30 days of receipt of such determination.

GIFTS FROM THE PUBLIC

The district shall accept a gift, provided it is made within the statutory authority granted to school districts and has received the approval of the Board of Education.

In granting or withholding its consent, the Board will review the following factors:

1. The terms of the gift must be in writing and identify:

a. the subject of the gift

b. the purpose of the gift

c. the beneficiary or beneficiaries if any

d. all conditions or restrictions that may apply.

2. The gift must not benefit a particular or named individual or individuals.

3. If the purpose of the gift is an award to a single student, the determination of the recipient of such award shall be made on the basis that all students shall have an equal opportunity to qualify for it and shall not be denied its receipt on the basis of race, religion, sex, or disability.

4. If the gift is in trust, the obligation of the investment and reinvestment of the principal shall be clearly specified and the application of the income or investment proceeds shall be clearly set forth.

5. No gift or trust will be accepted by the Board unless:

a. it is in support of and a benefit to all or to a particular public school in the district, or

b. it is for a purpose for which the school district could legally expend its own funds, or

c. it is for the purpose of awarding scholarships to students graduating from the district.

Any gift accepted by the Board will be acknowledged in writing. Any gift rejected by the Board shall be returned to the donor or his/her estate within 60 days together with a statement indicating the reasons for the rejection of such gift.

GIFTS TO SCHOOL PERSONNEL

Policy Text

No district officer or employee shall directly or indirectly receive any gift having a value of seventy-five dollars ($75) or more, whether in the form of money, services, loans, travel, entertainment, hospitality, etc., under circumstances in which it could reasonably be inferred that the gift was intended to influence the performance of his/her duties. However, the Board of Education welcomes the writing of letters or notes to staff members expressing gratitude or appreciation.

Nothing herein should be construed as prohibiting the traditional exchange of holiday gifts, provided discretion is used to ensure that gifts of value are not accepted by staff employees or officers. Gifts from children that are principally sentimental in nature and of insignificant financial value may be accepted in the spirit in which they are given.

PARENTAL INVOLVEMENT - TITLE I

Policy Text

The Board of Education authorizes the Superintendent of Schools to apply for funding under Title I of the NCLB 2001 Act for projects designed to meet the unique educational needs of educationally deprived children. All Title I programs shall include input in their planning, design, implementation and evaluation from parents of public and private school students who participate in such programs. The District also shall encourage the participation of parents of students, who partake in Title I programs, in the education of their children. To that end, the District shall:

1.Invite parents of students who have been selected for Title I services to attend an informational meeting at the beginning of the school year. At the meeting, parents may expect to hear the criteria that the school district uses for selecting students, the program goals and materials used in the program and suggestions for how parents may help their children. The meeting also provides a forum for parents to make suggestions about Title I program improvements.

2.Provide the necessary support, including technical assistance, and coordination necessary to assist the school in planning and implementing effective parent involvement.

3.Involve parents in an organized, ongoing, and timely process for the planning, review and improvement of Title I programs and the policies affecting the program, particularly in regard to parent involvement.

4.Provide a workshop/meeting for parents during the school year. This informational workshop may include topics such as beginning literacy, student strategies, helping children read at home and discipline/behavior improvement strategies.

5.To the extent practical, fully involve parents of participating students who lack literacy skills or whose native language is not English.

6.Coordinate and integrate parental involvement into other program areas, i.e. Head Start and Pre-school special education services.

7.Build a partnership between home and school for the improvement of student achievement by conducting other activities, such as CDEP planning, Building and District level planning teams.

8.Support parent efforts, including training, where practical, to assist students in understanding program requirements and to foster motivation to complete school and homework.

9.Provide parents with their children’s individual assessment results in a manner that is understandable to parents.

10.Respond to parents’ suggestions in a timely manner.

11.Conduct an annual evaluation with the involvement of parents of the content and effectiveness of this policy in increasing the participation of parents in their children’s education.

RELATIONS WITH PERSONS WITH DISABILITIES

Policy Text

District parents with disabilities will be afforded an equal opportunity to participate in the services, programs and activities of the district, particularly those which are designed for parental involvement and are directly related to their child’s academic and/or disciplinary progress (e.g., parent/teacher conferences, and/or meetings with other school personnel).

INTERPRETERS FOR HEARING-IMPAIRED PARENTS

Policy Text

District parents with hearing impairments which prevent a meaningful participation in their child’s educational program must be afforded an opportunity equal to that afforded other parents to participate in meetings or activities pertaining to the academic and/or disciplinary aspects of their child’s education. Accordingly, and pursuant to law, the school district will provide an interpreter for hearing-impaired parents for school-initiated academic and/or disciplinary meetings or activities including, but not limited to:

• Suspension hearings or other conference with school officials relating to disciplinary actions

The school district will provide an interpreter for the hearing-impaired parent if a written request for the service has been submitted to and received by the district within five (5) business days prior to the scheduled meeting or activity. If an interpreter is unavailable, the district will then make other reasonable accommodations which are satisfactory to the parents (e.g., notetaker, transcript, decoder, or telecommunication device for the deaf). These services will be made available by the district at no cost to the parents.

The Board directs the Superintendent of Schools to maintain a list of available interpreters and to develop procedures to notify parents of the availability of interpreter services, the time limitation for requesting these services, and of the requirement to make other reasonable accommodations satisfactory to the parents should an interpreter not be available.

Hearing-impaired parents are requested to submit the attached form to request accommodation of their disability.

SCHOOL BOARD AND SCHOOL DISTRICT LEGAL STATUS

Policy Text

The Board of Education will consist of seven members. The term of office will be three years. The term of office of a member elected to the Board shall commence on July 1 next following the member’s election. Board members are responsible for school district management and policy-making.

The Legislature provides that Board members, while they are elected or appointed locally, are actually agents of the state and members of a corporate body, chosen to carry out the mandates imposed by the Legislature and to consider and accept or reject the provisions of permissive laws. In the absence of state laws to the contrary, the Board shall consider itself the agent responsible for establishing and appraising educational activity.

School District Legal Status

The Rhinebeck Central School District of Dutchess County, New York, is a centralized school district formed under the laws of New York State. It shall conform to all requirements of law, and unless otherwise specified, the policies and procedures in effect in this district shall apply to all district functions and activities.

The district boundaries of the Rhinebeck Central School include the village of Rhinebeck and the towns of Rhinebeck, Clinton, Hyde Park, Milan, Red Hook, and Stanford. A map and available records of all actions creating the school district shall be maintained by the Superintendent.

SCHOOL BOARD POWERS AND DUTIES

The Board of Education’s responsibility is to establish educational policy and confer upon the Superintendent of Schools the necessary authority to ensure effective administration of such policy.

The Board is charged with carrying out the duties imposed upon it by law. It is also the responsibility of the Board, as is possible, to ascertain the representative wishes of the community with respect to the education of its children and the operation of its school district. It is equally the responsibility of the Board, after carefully weighing all relevant factors, to make decisions while fully realizing that the action of the Board may not be equally pleasing to all segments of the community. The best interests of all the students and the resources of the school district will guide the Board in its deliberation.

In giving direction to the Superintendent, the Board shall act by a majority vote of the whole Board, unless otherwise specified in law. The Superintendent makes necessary staff assignments to carry out the decisions of the Board. The Superintendent provides the Board with recommendations, facts and figures to assist in its decision-making role.

It is the obligation of the Board to establish an effective reporting system and evaluation of the Superintendent’s performance to make certain its policies are effectively carried out.

SCHOOL BOARD ACCESS TO PERSONNEL RECORDS

Policy Text

In accordance with the Regulations of the Commissioner of Education, members of the Board of Education may review employee personnel records only for the purpose of aiding the members to fulfill their legal responsibilities in making decisions in such employee personnel matters as appointments, assignments, promotions, demotions, remuneration, discipline or dismissal, or to aid in the development and implementation of personnel policies, or such other uses as are necessary to enable the Board to carry out legal responsibilities.

Board members may review employee personnel records provided:

1. the Superintendent is requested in advance to bring the file to a regularly scheduled open meeting of the Board;

2. the records are reviewed during an executive session;

3. the personnel records are returned in their entirety to the Superintendent at the conclusion of the executive session; and

4. no reproduction of the records is made and no written notes are taken of the contents of employee personnel records.

BOARD MEMBER AUTHORITY

Policy Text

Members of the Board of Education have authority only when acting as a corporate body legally in session except when such action is in pursuance of specific instructions of the Board.

Members of the Board are free to speak to individuals on issues outside of Board meetings but such public expression is not to be construed as Board policy. Information from executive sessions must remain confidential at all times, unless release is appropriately authorized. The Board will not be bound in any way by any individual's statement or action unless the Board, through an adopted policy or by a majority vote of Board membership, has delegated this authority to the individual member.

In addition to the above, Board members are obliged to:

1. Regularly attend meetings of the Board.

2. Serve on committees as designated by the President of the Board.

3. Become familiar with materials as they are developed and supplied to Board members.

4. Adhere to policies governing the organization and operation of the Board.

BOARD MEMBER SCHOOL VISITS

Policy Text

Unless specifically authorized to act on behalf of the Board of Education, an individual Board member has no right to make an official visit to the schools for the purposes of inspecting the schools, gathering information, or giving directions to any employee of the schools. The individual Board member’s rights are no greater or different from those of any other individual. As such, individual Board members shall follow procedures set by the district for school building visitations. Concerns or opinions related to the education program in individual school buildings shall be directed to the Superintendent of Schools.

SCHOOL BOARD ELECTIONS

Policy Text

Except for a member appointed to fill a vacancy until the next regular school election, all elections of members of the Board of Education shall be held on the third Tuesday in May, unless this date conflicts with religious observances on that day, in which case it shall be held on the second Tuesday in May. The polls shall be open for those hours designated by the district.

The candidates who receive a plurality of the votes cast respectively for the several offices are to be declared elected.

In an election where one or several vacancies are caused by resignation creating unexpired terms, the vacancies are to be filled by candidates who receive a plurality of votes cast, after the full term vacancies are filled.

CANDIDATES AND CAMPAIGNING

Policy Text

Nominations

Candidates for the office of member of the Board of Education shall be nominated by petition. Such petition shall be directed to the District Clerk, shall contain the signatures and addresses of at least 25 qualified voters of the district or 2 percent of the voters who voted in the previous election, whichever is greater, and shall state the name and residence of the candidate. Each petition shall be filed with the District Clerk not later than 30 days preceding the Annual Meeting and Election at which the candidates so nominated are to be elected.

Candidates for vacancies shall be arranged according to lot and the Clerk of the Board shall conduct the drawing on the day following the last possible date for candidates to file a petition. The Board may reject nominations if the candidate is ineligible or has declared an unwillingness to serve.

Vacancies on the Board are not to be considered separate specific offices.

Electioneering

Electioneering during the hours of any vote is prohibited within the polling place or within 100 feet of any such polling place. Displays or handout items of any political nature, except those provided by law, shall be prohibited by any individual, group or organization in any school building on those days when the polls are open for voting on school district matters, including, but not limited to, the annual school budget, candidates for the Board of Education, special propositions, etc.

VOTING PROCEDURES

A person shall be entitled to vote at any school district meeting for election of members of the Board of Education, and upon all matters which may be brought before such meeting, who is:

1.a citizen of the United States; and

2.at least 18 years of age; and

3.a resident within the school district for a period of at least thirty days immediately preceding the election/vote at which such person desires to vote.

For purposes of Section 2012 of the Education Law, an individual may have only one legal residence or domicile and that is where the individual intends to have his/her permanent residence. Ownership of property, such as a weekend home, does not confer upon the property owner the right to vote in school district elections/votes.

Any person who would not be qualified to register or vote under the provisions of section 5-106 of the Election Law shall not have the right to register for or vote in an election/vote, including:

a)those convicted felons who have not been pardoned or had their rights of citizenship restored; those whose maximum sentence of imprisonment has not expired; and/or those who have not been discharged from parole;

b)persons adjudged mentally incompetent by a court.

In addition to the above, personal registration is required of any qualified resident who wishes to vote at school district elections/votes. Qualified residents are deemed registered to vote in a school district election/vote if they are registered to vote with the County Board of Elections. All other qualified residents must have personally registered to vote prior to the school district election/vote in accordance with the provisions of Section 2014 of the Education Law.

Qualified voters may register to vote at the Office of the District Clerk and the Business Office, located at the District’s Administrative Offices during regular business hours (9 AM to 4 PM) on days when school is in session (September through June) and on regular business days during the summer months (July and August) (9 AM to 3 PM). The individual seeking to register to vote will be required to provide proof of qualification, which may include one or more of the following items at the District’s discretion: driver’s license with picture, non-driver identification card with picture, passport, lease agreement, deed plus utility bill, and/or redacted copy of income tax return.

Challenges to voters believed unqualified may be undertaken pursuant to Education Law provisions. As provided in Section 205 of the Education Law, the presiding chairman appointed by the Board shall have the responsibility of properly handling any challenges to the qualification of any voter at each annual or special lection/vote.

If a person claiming to be a district resident presents him/herself and offers to vote but his/her name does not appear on the list of registered voters, that person may be permitted to vote only if:

a)the person presents a court order requiring that he/she be permitted to vote; or

b)the person swears in an affidavit pursuant to Section 2019-a of the Education Law that he/she has duly registered to vote, remains a qualified voter, resides in the District, that his/her registration record appears to be lost or misplaced. Upon submission of a properly signed and notarized affidavit, the individual will be permitted to vote by paper ballot.

Voting

Voting machines will be used for recording the votes on all elections, budget votes, and votes on propositions. In the event of an emergency whereby the machines are unavailable or are malfunctioning or the use of machines are prohibited by state or local law, paper ballots may be used.

Each voting machine shall have at least one clerk and one election inspector appointed by the Board in attendance during all voting hours. It shall be the duty of each clerk to keep a poll list containing the names, signatures and legal residence address of each person before such person is permitted to vote.

Entering a voting machine with another person is prohibited, except upon request from a voter, in which case an election inspector shall be allowed to enter the voting machine with that voter for the sole purpose of assisting that person in the actual manipulation of the voting machine. The election inspector shall not advise or induce such voter to vote on any proposition or candidate, and the election inspector shall never reveal the vote(s) recorded by the voter to any other person at any time.

Write-in ballots are permissible, when applicable, by utilizing the write-in device provided with the voting machine. Paper ballots containing the names of nominated candidates and positions, if any, will be provided by the Board. A blank space or spaces shall be provided under the name of the candidates for write-in votes. The number of blank spaces must equal the number of vacancies available. The writing in of a name in the blank space(s) provided will indicate a vote. It is not necessary for a voter to place any other mark beside the name of a write-in candidate.

BOARD MEMBER OATH OF OFFICE

Policy Text

Newly elected or appointed Board of Education members must take their constitutional oath of office within 30 days of the beginning of their term of office. They shall be sworn in by Board President, District Clerk or any notary public, and the oath shall be filed with the District Clerk.

BOARD MEMBER RESIGNATION

Policy Text

A member of the Board of Education may resign his/her office by filing his/her resignation with the District Clerk. The effective date of the resignation must be within 30 days after the date of filing.

BOARD MEMBER REMOVAL FROM OFFICE

Policy Text

A member of the Board of Education may be removed from office for willful violation or neglect of duty, or for willfully disobeying any decision, order or regulation of the Commissioner of Education. Notice of the charge and an opportunity for defense shall be provided. Official misconduct may be grounds for removal by the Board after a hearing.

A vacancy on the Board may also be declared if it is clearly established that a member has failed to attend three consecutive meetings without sufficient excuse or if a member has changed his/her legal residence from that of the school district.

UNEXPIRED TERM FULFILLMENT

Policy Text

The Board of Education has the power to fill, by appointment, any vacancy which may occur by reason of death, resignation, removal from office or refusal to serve of any member or officer of the Board. The person so appointed shall hold his/her office until the next election of Board members.

SCHOOL BOARD OFFICER AND EMPLOYEE ETHICS

Policy Text

Pursuant to the provisions of Section 806 of the General Municipal Law, the Board of Education recognizes that there are rules of ethical conduct for public officers and employees which must be observed if a high degree of moral conduct is to be obtained and if public confidence is to be maintained in our unit of local government. It is the purpose of this resolution to promulgate these rules of ethical conduct for the officers and employees of the district. These rules shall serve as a guide for official conduct of the officers and employees of the district. The rules of ethical conduct of this resolution as adopted, shall not conflict with, but shall be in addition to, any prohibition of Article 18 of the General Municipal Law or any other general or special law relating to ethical conduct and interest in contracts of officers and employees.

Standards of Conduct

Every officer and employee, whether paid or unpaid, of the district shall be subject to and abide by the following standards of conduct:

1. Gifts: He/she shall not directly or indirectly solicit any gift; or accept or receive any gift having a value of $75 or more, whether in the form of money, loan, services, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could be reasonably inferred that the gift was intended to influence him/her, or could be reasonably expected to influence him/her, in the performance of his/her official duties or was intended as a reward for any official action on his/her part.

2. Confidential information: He/she shall not discuss confidential information acquired by him/her in the course of his/her official duties or use such information to further his/her personal interest.

3. Representation before one’s own agency: He/she shall not receive, or enter into any agreement, expressed or implied, for compensation for services to be rendered in relation to any matter before any agency over which he/she has jurisdiction or to which he/she has the power to appoint any member, officer or employee.

4. Representation before any agency for a contingent fee: He/she shall not receive, or enter into any agreement, expressed or implied for compensation for services to be rendered in relation to any matter before any agency of his/her district, whereby his/her compensation is to be dependent or contingent upon any action by such agency with respect to such matter, provided that this paragraph shall not prohibit the fixing at any time of fees based upon the reasonable value of the services rendered.

5. Disclosure of interest in legislation: To the extent that he knows thereof, a member of the Board and any officer or employee of the district, whether paid or unpaid, who participates in the discussions or gives official opinion to the Board on any legislation before the Board shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other interest he/she has in such legislation.

6. Investments in conflict with official duties: He/she shall not invest or hold any investment directly or indirectly in any financial, business, commercial, or other private transaction, which creates a conflict with his official duties.

7. Private employment: He/she shall not engage in, solicit, negotiate for, or promise to accept private employment or render services for private interest when such employment or service creates a conflict with or impairs the proper discharge of his official duties.

8. Future employment: He/she shall not, after the termination of service or employment with such district, appear before any board or agency of the district in relation to any case, proceeding, or application in which he/she personally participated during the period of his/her service or employment or which was under his active consideration.

Nothing herein shall be deemed to bar or prevent the timely filing by a present or former officer or employee of any claim, account, demand or suit against the district or any agency thereof on behalf of himself or any member of his family arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law.

Distribution of Code of Ethics

The Superintendent of Schools shall cause a copy of the Board's Code of Ethics and this accompanying regulation to be distributed to every officer and employee of the school district. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his or her office or employment. In addition, the Superintendent shall ensure that a copy of Article 18 of the General Municipal Law shall be kept posted in each public building under the district's jurisdiction in a place conspicuous to the district's officers and employees.

Penalties

In addition to any penalty contained in any other provision of law, any person who shall knowingly and intentionally violate any of the provisions of the Board's code of ethics and its accompanying regulation may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law.

BOARD REORGANIZATIONAL MEETING

Policy Text

The Board of Education recognizes its obligation to hold an annual reorganizational meeting. The purpose of the reorganizational meeting shall be to elect officers of the Board and make the proper appointments and designations of other district employees for the proper management of the school district during the school year. The Board shall also perform such annual functions as are designated by law.

The annual reorganizational meeting shall be held in a district building during the first fifteen days of July at 7:30 p.m. The day shall be fixed by the Board at a regular meeting not later than the June meeting each year. The Clerk shall give at least three days written notice to each member.

After the meeting is called to order, the Board will designate the Clerk of the Board as temporary chairperson.

I. Administration of Oath

The District Clerk shall administer the oath of office to newly-elected Board members. Such oath shall conform to Article XIII-1 of the New York State Constitution, and Section 10 of the Public Officers Law; the Clerk shall countersign the oath. No new Board member shall be permitted to vote until he/she has taken the oath of office.

II. Election of Officers

The Board shall elect a president and vice-president for the ensuing year, and administer the oath of office to them. A majority of all members of the Board shall be necessary for a valid election. The newly elected president shall then chair the meeting.

III. Appointments

The Board shall appoint:

District Auditor

School physician

District Clerk

School attorneys

District Treasurer

District Tax Collector

Such other positions as deemed necessary

Records Access Officer

Records Management Officer

Title IX/Section 504 Hearing Officer(s)

IV. Bonding of Personnel

The Board may bond the following personnel handling district funds:

District Clerk School Attorney

Tax Collector Internal Claims Auditor

District Treasurer Deputy Treasurer

Central Treasurer of Student Activity Account

The Board may, in each instance, specify the amount of the bond it intends to obtain.

The Board may include any of the above officers in a blanket undertaking, pursuant to law and Commissioner’s Regulations, rather than bond individuals.

V. Designations

By motion, the Board shall designate:

Official depositories for district funds

Official district newspapers

The Board shall fix the place, date, and hour for regular Board meetings for the school year.

BOARD OFFICERS

Policy Text

The President and Vice-President of the Board of Education shall be elected by members of the Board at the annual reorganization meeting in July.

Duties of the President of the Board

It shall be the duty of the President to preside at all meetings of the Board, to receive all communications presented to the Board, to sign as required all documents on its behalf unless otherwise ordered by the Board, and in the absence of the District Clerk, to appoint a District Clerk pro tempore.

The President shall have a vote upon all questions and shall have the right to take part in the debate on any question under consideration.

The President shall be an ex-officio member of all committees.

Duties of the Vice-President

The Vice-President shall carry on the duties of the President in the event of the President’s absence or inability to serve.

APPOINTED BOARD OFFICIALS

Policy Text

District Clerk

The Board of Education shall appoint a District Clerk for a period of one year, from July 1 through June 30 of each year. Such appointment will be made at the reorganizational meeting. The District Clerk will be responsible for the following:

District Clerk Responsibilities

1. Minutes of Board of Education meetings:

• record all formal actions;

• record a brief summary of discussions;

• submit minutes of previous meeting to Board for approval; and

• maintain a permanent minutes book located on school property.

2. Minutes of special school district meetings:

• record all formal action;

• submit minutes of previous meetings to Board for approval; and

• place a copy of the approved minutes in the permanent minutes book.

3. Voting at special school district meetings:

• shall supervise poll registration.

4. Notification:

• signs official documents and correspondence of the district;

• supervises the placing of legal notices as required; and

• receives and reports any appeals, answers, orders of the Commissioner, etc., to the Board.

5. Miscellaneous items:

• keeps all oaths of office;

• signs the warrant after the Board has authorized payment of bills; and

• authorizes the use of the school seal as necessary.

District Treasurer

The Board shall also appoint a District Treasurer for a term of one year from July 1 through June 30. General duties are as follows:

1. Custodian of all district monies except for the extra-curricular activities fund. He/she shall report monthly to the Board.

2. Supervises the receipts and disbursements of district monies.

3. Supervises the tax collection procedure.

4. Is responsible for the issuance of checks and invoices.

5. Supervises the bookkeeping system in accordance with the Uniform System of Accounts for School Districts.

6. Presents a monthly budget status report.

The District Treasurer is to be bonded in an amount fixed and approved by the Board of Education.

Tax Collector

The Tax Collector position is a one-year paid position appointed by the Board from July 1 through June 30. General duties are as follows:

1. On receipt of the warrant and tax roll from the District Clerk, the Tax Collector will issue bills, collect and receive money, give legal notice, and maintain the tax roll.

2. At the end of the tax collection period, the Tax Collector will prepare a listing of unpaid taxes to be submitted to the Board and returned to the county.

3. Monies received will be deposited daily in the bank depository.

4. Procedures for the collection and handling of money will be subject to the approval of the District Treasurer.

5. The Tax Collector is to be bonded in an amount fixed and approved by the Board.

District Auditor

The financial records of the district will be reviewed annually by an independent auditor appointed by the Board in conformance with the Education Law.

BOARD COMMITTEES

Policy Text

The Board of Education may establish standing committees whose membership will consist of members of the Board. The Board president shall serve as ex-officio member of all committees and the Superintendent of Schools will provide advice and support to all committees. Board committees shall not act on behalf of the Board and the Board may terminate a standing committee at any time. Such committees shall be established by the Board or by the president of the Board.

Temporary or Ad Hoc Committees

The Board may also establish temporary or ad hoc committees. The purpose and task of the committee shall be clearly defined by the Board and established by the Board or the Board president. The president shall serve as ex-officio member of all temporary committees and the Superintendent will provide advice and support to all committees. The committees may be terminated at any time by the Board. The membership of these committees will be determined by the Board.

SHARED DECISION-MAKING AND STRUCTURED PARTICIPATION

Policy Text

The Board of Education has adopted a Plan for Shared Decision-Making and Structured Participation that provides a structural framework of powers and responsibilities to further the implementation of the ideal of shared decision-making with the community to improve education in our schools.

A copy of the Plan shall be available at each school and at the district office; individual copies of the plan will be provided upon request.

Every two years, the Board shall review the Plan to determine its effectiveness and to recertify or amend the plan, as needed. Any amendment or recertification of the plan will be developed and adopted in accordance with section 100.11 of the Regulations of the Commissioner.

The amended or recertified plan, together with a statement of the plan's success in achieving its objectives, shall be submitted to the Commissioner of Education for approval no later than February 1st of each year in which biennial review takes place. The first such review shall have been submitted to the Commissioner no later than February 1, 1996.

SHARED DECISION-MAKING AND STRUCTURED PARTICIPATION REGULATION

Policy Text

The following Plan for Shared Decision-Making and Structured Participation was developed and adopted in accordance with section 100.11 of the Regulations of the Commissioner and Board of Education Policy #2265 to provide a structural framework of powers and responsibilities to further the implementation of the ideal of shared decision-making with the community to improve education in our schools.

I. BUILDING LEVEL PLANNING TEAMS (BLPT)

Composition and Selection of the Teams

1. The Building Principal, who serves as Chairperson.

2. Parents/citizens, as chosen by the PTSO, a majority of whom are parents of children at those grade levels.

3. Teachers, as chosen by the RTA.

4. Students (at the secondary level), as chosen by their peers.

5. Non-instructional staff, as chosen by A.N.I.E.

Length of Term

Length of term is determined by the choosing organization.

Maintaining Membership

A member who misses three consecutive meetings shall be subject to removal from the Committee.

Vacancies

Vacancies are filled by the choosing organization.

Meeting Schedules

Meeting schedules are to be determined by the individual Building Level Planning Teams, except that there shall not be fewer than one meeting per month during the academic year.

Decision - Making Authority

The BLPTs may make decisions and/or recommendations in the introduction, development, and implementation of specific action plans, thought to be necessary ,in conjunction with the Principal, the Superintendent, the Board of Education and the Comprehensive District Education Plan (CDEP), to increase student achievement, and/or improve school culture. The BLPTs shall have the authority to conduct research and gather information from all stakeholder groups as necessary to implement school-improvement plans which support the District’s CDEP mission, vision, and core values as they relate to each individual school.

All plans to improve student learning outcomes and achievement must define expected results and desired standards and the improvements measured against these standards. The means for assessment are dependent upon the nature of the individual improvement proposal.

Limitations on the BLPT’s Decision - Making Authority

Decision-making authority rests jointly with the BLPT as a committee and not with individual BLPT members.

II. COMPREHENSIVE DISTRICT EDUCATION PLAN (CDEP) TEAM

Composition and Selection of the Comprehensive District Education Plan (CDEP) Team

1. The Director of Curriculum and Instruction, who serves as Chairperson.

2. Teachers equitably representing each of the District’s three schools, as chosen by the RTA.

3. Parents/citizens, chosen by the PTSO.

4. Non-instructional staff, chosen by A.N.I.E.

5 Administrators representing each of the District’s three schools, the Director of Special Education, and the Superintendent of Schools.

6. Board pf Education member, chosen by the Board of Education.

Length of Term

Length of term is determined by the choosing organization.

Maintaining Membership

Maintenance of membership is determined by the choosing organization.

Vacancies

Vacancies are filled by the choosing organization as needed.

Meeting Schedules

The District CDEP Team will meet at least three times a year to review intermediate data collected for each implementation activity according to their respective timelines outlined in the CDEP Goal Activities Chart in order to monitor effectiveness of the activities in progression toward the annual goals.

Decision - Making Authority

The CDEP Team may make decisions and/or recommendations to the Superintendent, and then to the Board of Education, in the introduction, development, and implementation of specific action as necessary to support the implementation of the Board-adopted Comprehensive District Education Plan (CDEP). The CDEP Team shall have the authority to conduct research and gather information from all stakeholder groups as necessary to implement school-improvement plans which support the District’s CDEP mission, vision, and core values as they relate to each individual school.

The Goal benchmarks and schedule of activities may be revised at any time throughout the year based upon the District CDEP Team’s consensus agreement that alternate steps are required in order to achieve progress. Revision to the CDEP plan will be communicated accordingly to the community of stakeholders. At least annually, the Goals, Objectives, and activities will be revised and implemented, subject to approval by the Board of Education, based upon NYS Student

Achievement Data, Local Data, and Intermediate Data Evaluation of activities.

According to the implementation timeline, the CDEP Team will evaluate all relevant student achievement data. The CDEP Team will provide the appropriate data to the various committees outlined in the Plan for their review and recommendations. Each year, the CDEP Team will review the recommendations provided by the various committees, enabling the CDEP Team to revise and update the CDEP plan as necessary.

Limitations on the CDEP Team’s Decision - Making Authority

Decision-making authority rests jointly with the CDEP Team as a committee and not with individual CDEP members.

III. DISTRICT STRATEGIC PLANNING TEAM (DSPT)

The District Strategic Planning Team will be an ad hoc subcommittee of the Comprehensive District Education Plan (CDEP) Committee that will report directly to the Board of Education.

Composition and Selection of the District Strategic Planning Team

1. The superintendent of schools;

2. At least one (1) teacher, as chosen by the RTA;

3. At least one (1) administrator, as chosen by the RAA;

4. At least one (1) student, as chosen by the high school principal:

5. At least one (1) non-instructional staff member, as chosen by A.N.I.E.; and

6. At least one (1) parent/citizen, as chosen by the PTSO,

The chairperson will be selected by the DSPT from within their own membership.

Length of Term

Members shall serve a one year term, but may serve subsequent one year terms if approved by the CDEP Committee and the appropriate stakeholder group.

Maintaining Membership

A member who misses three consecutive meetings shall be subject to removal from the DSPT.

Vacancies

Vacancies will be filled with volunteers from the CDEP Committee from each of the stakeholder groups outlined above. In addition, the DSPT also can be populated with volunteers from among the ranks of the appropriate stakeholder groups as outlined above.

Meeting Schedule

The meeting schedule shall be determined by the Committee, except that there will be no fewer than two meetings during each academic year. Meetings shall be announced at least five days in advance and are open to the public. The meetings of the Committee will attempt to provide for an appropriate and orderly means for receiving public input. Nonetheless, these are meetings of the Committee in public, not public meetings.

Decision - Making Authority

Decision-making authority exists with the DSPT for the on-going oversight of the District’s plan and process for shared decision-making and school-based planning. This includes making recommendations to the Board of Education for their amendment or recertification of the plan, as well as the development of a statement of the plan's success in achieving its objectives, no later than the date every other year by which the Commissioner of Education determines that required biennial review be completed and submitted.

Limitations of DSPT Decision-Making Authority

Decision-making authority rests jointly with the DSPT as a committee and not with individual members DSPT members.

Quorum

A quorum shall consist of one half of the members plus one.

IV. PROCESS OF APPEALING DSPT, BLPT, and CDEP TEAM DECISIONS

Persons Eligible to Appeal

1. Any resident of the school district.

2.Any parent of a student enrolled in the district

3. Any student enrolled in the district.

4. Any employee of the district.

The Appeal Process

1. Individuals who are eligible must first make an appeal to the DSPT, the BLPT (whichever made the decision being appealed) and/or the CDEP Team in writing for reconsideration of the issue. The decision of the DSPT/BLPT/CDEP Team must be addressed in writing to the appellant no later than 10 school days from the date of the next regularly scheduled meeting.

2. If the decision of the DSPT, the BLPT, ands/or the CDEP Team is not satisfactory to the appellant, an appeal may be made to the Superintendent. The Superintendent must respond in writing within 10 school days from the receipt of the appeal.

3. If the decision of the Superintendent is not satisfactory to the appellant, an appeal may be made in writing to the Board. The Board shall convey its decision in writing to the appellant not less than 30 days after the next regularly scheduled Board meeting.

The Board of Education’s decision is final.

APPENDIX: DISTRICT MISSION, VISION AND CORE VALUES

A. MISSION STATEMENT: The Rhinebeck Central School District is an educational community that provides an excellent learning environment and is dedicated to the development of every student’s generosity of spirit, passion for learning, and ultimate success.

B. VISION STATEMENT: The Rhinebeck Central School District meets the changing needs of our community with courageous programming consistent with State Standards and mindful of best learning practices. Each student enjoys an enriching experience while mastering the skills and knowledge to reach his or her maximum potential. We educate our students to become self-directed learners, complex thinkers, collaborative workers, quality producers, community contributors, and ethical decision-makers.

C. CORE VALUES: We believe that a quality education includes:

·Safety and Health: Students and staff need a healthy and safe environment.

·Resources: Appropriate facilities, equipment, and materials are required for a successful educational program.

·Respect: We respect and honor the dignity and worth of ourselves, others, and our environment.

·Responsibility: Each person is responsible for what they do and what they say.

·Courage: Courage is required to grow, change, take risks, and make commitments.

·Integrity: Personal integrity develops as one attends to and becomes increasingly ethical in one’s speech and actions. Adults model this process.

·Whole Child: In order for students to be successful, their emotional, social, physical, and academic needs must be met.

·Collaboration: The education of our students is a process involving the entire educational community: students, teachers, administrators, non-instructional staff, Board of Education, families, and the community at large.

·Student Achievement: Continuous growth and improvement occur when there is use of best practices, and articulated/aligned curriculum and pertinent data.

·Recognition: Acknowledging and celebrating successes, large and small, nurtures growth and a sense of community.

SCHOOL ATTORNEY

Policy Text

The Board of Education will appoint a School Attorney for the district, who will act as attorney and legal advisor to the Board and perform related work as required. The School Attorney will serve pursuant to a yearly retainer agreement or at will subject to the pleasure of a majority of the Board.

The School Attorney shall have thorough knowledge of the laws, regulations, rules, practices and policies governing the administration of a school district and must be admitted to the bar of New York State.

LITIGATION PROCEDURES

Policy Text

The Superintendent shall ensure that all district employees understand their responsibility to identify and immediately forward legal documents to the Superintendent. These documents include, but are not limited to, notice of claim and summons and complaint documents, either by personal delivery or mail delivery.

The Superintendent shall establish effective procedures to ensure that the district responds within the time frames prescribed by law. The procedures developed, when implemented, will help protect the district from penalties for failure or refusal to acknowledge receipt of a summons served either by mail or personal delivery.

If any teacher is sued as a result of action taken by the teacher while acting in the discharge of his/her duties within the scope of his/her employment and within [prescribed Board policy, the district shall provide legal aid and render all necessary assistance to the teacher in his/her defense, within the limitations of New York State Law. The teacher shall notify the Superintendent within ten (10) days after the action is brought against him/her. In the event action is submitted to the Board concerning a teacher, the teacher shall be notified by the Superintendent within ten (10) days.

SCHOOL BOARD MEETINGS

Policy Text

All Board of Education meetings must be open to the public. A “meeting” is defined as an official convening of a public body for the purposes of conducting public business, and “public body” is an entity which requires a quorum to conduct business, including committees, subcommittees, or similar divisions of a public body.

Whenever such a meeting is to take place, there must be advance notice of the meeting, and recording of the minutes.

If a question is raised, the chair will rule upon it without debate.

A quorum is equal to half the membership of the full Board plus one.

The chairperson shall be the president, the vice-president in the president’s absence, or any member elected by the majority present in the absence of the president and vice-president.

Official minutes will be kept for all meetings by the Clerk of the Board. They are a legal record of the activities of the Board as a public body. These minutes will be action minutes unless a Board member requests his/her statement recorded verbatim. Copies of official minutes will be sent to members of the Board prior to the next regular meeting. Copies of the minutes will be available to the public within two weeks after the date of the meeting; draft copies so marked are acceptable.

In order to pass, a resolution needs the affirmative vote of the majority of the Board regardless of the number of Board members present, unless specifically changed by law. The following are some motions requiring a vote of the Board other than by majority:

1. replace textbooks that were adopted less than five years earlier, 3/4 vote (at least six votes);

2. the hiring of a relative (by blood or marriage) of a Board member as a teacher or in a non-certified position, 2/3 vote (at least five votes) ; and

3. standardization of an item or piece of equipment for purchase contracts over $10,000, 3/5 vote (at least five votes).

Committee Meetings

All committees of the district must abide by the provisions of the Open Meetings Law regarding open meetings. This includes committees of the Board of Education, School Facilities Committees, and the like.

Such committees must meet publicly, go into executive session only on a motion and only for one of the permitted topics, give advance notice of meetings and make public minutes, and otherwise comply with all requirements of the law.

Time Frame

The Board, as a group of citizens from the community, needs to run its meetings in a way that does not seriously disrupt the normal working habits of its members. Therefore, it shall be the policy of the Board to conduct its meetings so that the meetings do not run beyond 11:00 p.m.

District Reference

,

General Reference

Open Meetings Law, Public Officers Law §§100 et seq. General Municipal Law §103(5)

REGULAR MEETINGS

Policy Text

Regular meetings of the Board of Education will be designated at the reorganizational meeting in July. The date, time or place of the regular meeting may be changed by the consent of a majority of the Board. The Superintendent or the Clerk shall give written notice of the change to each Board member.

SPECIAL MEETINGS

Policy Text

Special meetings may be called by the President or by any member of the Board of Education. Written notice is required to each Board member and the Superintendent at least 24 hours prior to the time of the meeting. The notice shall state the purpose of the special meeting, and no other business shall be transacted at the meeting except by unanimous consent of the Board.

An emergency meeting may be called by the President without prior notice or delay. In such case, each member may be asked to sign a waiver of notice. A statement regarding the time of notice and signature of such forms shall be entered in the minutes. Any action taken shall be subject to reconsideration at the next regular meeting unless all members were present at the emergency meeting.

EXECUTIVE SESSIONS

Policy Text

The Board of Education reserves the right, within the constraints of state law, to meet in executive session. Such sessions can be requested by any member of the Board or the Superintendent of Schools.

A Board member must make a motion during an open meeting to convene in executive session. Upon a majority vote of its members, the Board may convene in executive session at a place which the Board President or said members may designate within the district to discuss the subjects enumerated below. Matters which may be considered in executive session are:

1. matters which will imperil the public safety if disclosed;

2. any matter which may disclose the identity of a law enforcement agent or informer;

3. information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed;

4. discussions regarding proposed, pending or current litigation;

5. collective negotiations pursuant to Article 14 of the Civil Service Law (the Taylor Law);

6. the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation;

7. the preparation, grading or administration of examinations; and

8. the proposed acquisition, sale, or lease of real property or the proposed acquisition of securities, or sale or exchange of securities, but only when publicity would substantially affect the value thereof.

10. discussions concerning the evaluation and/or placement of students with disabilities.

Formal action or vote on matters enumerated in paragraphs 9 and 10 above may only be taken by the Board during an executive session. No formal action or vote may be taken on any other matter. The Board shall reconvene in open session to take final action on other matters discussed, and to adjourn the meeting.

NOTICE OF MEETINGS

Policy Text

In accordance with state law, notice of meetings shall be sent to all members of the Board, Superintendent of Schools, District Treasurer, and to the newspapers of the district. The time, date and place of regular Board meetings is established at the Reorganizational Meeting. If a meeting is scheduled at least a week in advance, notice must be given to the public by posting in one or more designated public places not less than 72 hours prior to the meeting.

When a meeting is scheduled less than a week in advance the Board shall provide public notice to the extent practicable. Said notice shall be conspicuously posted in one or more designated public locations.

AGENDA PREPARATION AND DISSEMINATION

Policy Text

The agenda and preparation for meetings shall be the responsibility of the Superintendent of Schools and the President. The District Clerk shall notify each Board member of the agenda. Such notice shall be delivered to each Board member at least two days before the scheduled meeting.

Board members, employees of the school district, and citizens may suggest agenda items by contacting the Superintendent. The agenda, however, shall always allow for recognition and comments by members of the public.

BOARD MEETING PROCEDURES

Each Board of Education meeting shall be conducted in an orderly manner which provides time for and encourages community involvement. The order of business at each regular meeting shall be as follows:

1. Call to Order

2. Minutes

3. Comments

4. Reports and Discussion

5. Good News, Old Business, and Comments

6. Action Items

7. Executive Session (if needed)

8. Adjournment

The regular order of business may be changed at any meeting (and for that meeting only) by an affirmative vote of a majority and voting for the proposed change in the regular order of business.

Except in emergencies, the Board shall not attempt to decide upon any question under consideration before examining and evaluating relevant information. The Superintendent shall be given an opportunity to examine and to evaluate all such information, and to recommend action before the Board attempts to make a decision.

The Board may adjourn a regular or special meeting at any place in the agenda providing that arrangements are made to complete the items of business on the agenda at a future meeting. The minutes shall make notice of the adjournment, and the reconvened session shall be considered an addition to these minutes.

QUORUM

Policy Text

A majority of the members of the Board of Education shall constitute a quorum for the transaction of the business of a regular meeting. Should there be fewer than four members of the Board present at a regular meeting, a time for the new meeting shall be set by the members present and such meeting shall be deemed a regular meeting. Notice of rescheduled meetings shall be given to absent members pursuant to Policy 2340, Notice of Meetings.

Final action on any resolution shall be valid only upon vote of the majority of the total membership of the Board.

MINUTES

Policy Text

The Board of Education will maintain a complete and accurate set of minutes of each meeting. Such minutes shall constitute the official record of proceedings of the Board and shall be open to public inspection within one week of executive sessions and within two weeks of all other meetings. Minutes which have not been approved by the Board within this time frame shall be marked, "DRAFT." A draft of the minutes of each meeting is to be forwarded to each member of the Board not later than the time the agenda for the next meeting is disseminated.

All motions, proposals, resolutions, and any other matters formally voted upon by the Board shall be recorded in Board minutes. In recording such votes, the record shall indicate the final vote of each Board member.

If a Board member is not present at the opening of a meeting, the subsequent arrival time of such member shall be indicated in the minutes.

District Reference

,

General Reference

Open Meetings Law, Public Officers Law §§100 et seq. Freedom of Information Law, Public Officers Law §§84 et seq. Education Law §2121

BROADCASTING AND TAPING OF BOARD MEETINGS

Policy Text

The use of any tape recording device at public meetings of the Board of Education or committee appointed thereby is permissible as long as the device is unobtrusive and will not distract from the true deliberative process of the Board. The Board President or chairperson of the committee shall be informed prior to the meeting that such recordings are being made.

The Board and/or the committee reserves the right to direct that a tape recording be made to ensure a reliable, accurate, and complete account of Board meetings.

The Board permits the broadcasting of public meetings of the Board or any of its committees as long as such broadcasting is done in a manner which is unobtrusive and does not interfere with the deliberative process of the body.

BOARD HEARINGS

Policy Text

The Board of Education shall schedule public hearings in accordance with the law and on occasions when it wishes to gather information and seek opinions on important issues affecting the school district. The Board shall take no formal action at a public hearing.

The time and place of the hearings shall be designated in the notice of the hearing. All interested persons or their representatives shall have an opportunity to present facts, views, or arguments relative to ideas or proposals under consideration.

At the beginning of each hearing the Board may present information on the topic of the hearing. Speakers shall be required to give their name and address. Non-residents do not have the privilege of speaking at public hearings except when permission is granted by the chair.

Speakers at public meetings, generally, will be limited to three minutes for their presentation. However, this time limit may be adjusted by the chair if the size of the audience or the number of requests to speak is small and an increase in the time would not unduly extend the length of the hearing. Any adjustment in time shall apply to all speakers from the audience.

Any speaker who is out of order may be cautioned by the chair. If such remarks or behavior persists, the speaker's privilege to address the Board may be terminated.

FORMULATION, ADOPTION AND AMENDMENT OF POLICIES

Policy Text

The formulation and adoption of written policies shall constitute one method by which the Board shall exercise its leadership in the operation of the district.

Application of such policies to individual problems and tasks is an administrative function to be performed by the Superintendent of Schools. The Superintendent shall, in turn, when he/she deems necessary, or when directed by the Board, prepare written regulations to ensure the implementation of the policy.

The Superintendent in cooperation with any group he/she deems necessary shall recommend policies for adoption and recommend revision of existing policies. The Board may direct the Superintendent to prepare or revise a policy.

Specific policy proposals and suggested amendments to or revisions of existing policies shall be submitted to all members of the Board in writing prior to a regularly scheduled Board meeting. No policy or amendment or revision shall be adopted unless it has been read and discussed at a Board of Education meeting prior to the meeting at which it is adopted. Policies may be adopted through formal resolution by a majority vote of the Board.

It shall be the duty of the Board to reappraise its policies periodically, in view of the changing law, needs of the community and schools.

BOARD ADOPTED REGULATIONS - ADMINISTRATIVE REGULATIONS

Policy Text

Administrative regulations are the detailed arrangements governing the operation of the schools. Administrative regulations are to be formulated by the Superintendent of Schools or the Superintendent’s designee. Administrative regulations must be consistent with the policies adopted by the Board of Education.

Bylaws

Board bylaws may be adopted, amended or repealed by the affirmative vote of the majority of the full membership of the Board after previous notice. Such notice must be given in writing at the preceding regular meeting. Such notice may be waived by unanimous consent at any regular meeting at which the full membership of the Board is present.

ADMINISTRATION IN POLICY ABSENCE

Policy Text

In cases in which action must be taken where the Board of Education has provided no guidelines for administrative action, the Superintendent of Schools shall have the power to act, but his/her decisions shall be subject to review by the Board at its regular meeting. It shall be the duty of the Superintendent to inform the Board promptly of such action and of the need for policy.

POLICY DISSEMINATION

The Board of Education recognizes the need for widespread familiarity with district policies, and therefore directs the Superintendent of Schools to implement the following:

1. maintain an updated policy manual that takes precedence over all previous manuals, and be responsible for its presence at all Board meetings;

2. issue to each Board member, for the duration of his/her term, a complete and updated policy manual in an appropriate binder;

3. ensure that personnel are familiar with Board policies and administrative regulations which affect them, directly or indirectly. The Board requires that all employees sign a statement that they have read and understood the policy manual, or appropriate sections thereof;

4. disseminate Board policies and manuals to all concerned, as he/she deems appropriate and/or necessary; and

5. place a copy of the Board policy manual in the high school library, district offices, and the public library to ensure that district policies are available to the public.

POLICY REVIEW AND EVALUATION

Policy Text

The Board of Education will evaluate the effect of its policies and the manner in which they have been implemented by the administration. In such evaluation, the Board may call upon staff, students and community participation.

The Board directs the Superintendent of Schools to bring to its attention any policy areas in need of revision or new development. The Board shall review the entire manual at least once every three years to ensure that the manual is up-to-date. The Board shall note those policies which must be reviewed even more frequently (e.g., student conduct and discipline, investments and purchasing, which must be reviewed annually).

At the final meeting of the Board in June of each year, each Board member shall submit his/her copy of the Board policy manual to the Superintendent for updating and revisions. At the Annual Organizational Meeting, each Board member shall be provided with an up-to-date copy for use during the following year.

Board policy may be revised as outlined in Policy 2410, Formulation, Adoption and Amendment of Policy.

NEW BOARD MEMBER ORIENTATION

Policy Text

The Board of Education and the Administrative staff shall assist each new Board member-elect to become familiar with and to understand the Board's functions, policies and procedures, and the school district's operation before taking office. Each Board member-elect shall, as soon as possible,

1. be provided access to selected materials covering the function of the Board and the school district, including (a) policy manual, (b) the School Law Handbook prepared by the New York State School Boards Association, and (g) any other materials which may be deemed helpful and informative;

2. be invited to attend all Board meetings and functions and to participate in discussion.

3. be invited to meet with the Superintendent of Schools and other administrative personnel to discuss the services that they perform for the school Board and the school district; and

4. attend the New York State School Boards Association's workshop for New School Board Members.

BOARD MEMBER DEVELOPMENT OPPORTUNITIES

Policy Text

In order to ensure the highest level of service to the citizens of the district in the performance of the responsibilities of the Board of Education, each Board member is expected to pursue the following activities during his/her tenure in office:

1. during the first year in office, he/she shall attend the New York State School Boards Association training session for new school board members;

2. during each year of service, the Superintendent shall arrange for a visit to each school building and for a meeting with the Principal and other staff to provide the members with insights into the nature of the program in that building and any special needs which may exist;

3. the Superintendent shall regularly provide each Board member with articles of importance about the public schools or about trends in educational practice; and

4. the Board shall annually review its operation and plan for appropriate in-service as a group.

MEMBERSHIP IN SCHOOL BOARDS ASSOCIATIONS

Policy Text

The Board of Education shall maintain memberships in the Dutchess County School Boards Association, the New York State School Boards Association, and other organizations established for Boards of Education at its discretion.

Board members should take the responsibility to attend association meetings for the purpose of Board development and gathering new information.

BOARD-STAFF COMMUNICATIONS

Policy Text

In accordance with good personnel practice, staff participation in the development of educational and personnel policies will be encouraged and facilitated. The Superintendent of Schools, as professional leader of the staff and the chief executive of the Board, will develop appropriate methods to keep staff fully informed of the Board's problems, concerns and actions, and for staff to communicate information related to district operations.

All communications and reports to the Board from staff members and staff organizations will be submitted to the Board through the Superintendent. All official communications, policies, and directives of staff interest and concern will be communicated to staff members through the Superintendent. However, this will not be construed as denying the right of any staff member to appeal any action or decision of the Superintendent to the Board.

All effective means of facilitating channels of communication between the Board and staff will be explored in order to promote close and cooperative action for the continuing improvement of the educational program and the mutual benefit of the school system and the community.

ADMINISTRATIVE STRUCTURE

Policy Text

District administration is to be organized so that all divisions and departments of the central office and all schools operate within a system guided by Board policies, which are implemented through the Superintendent. All personnel will have the necessary authority and responsibility (clearly defined and correlated to their roles) to carry out their respective assignments within this framework. Accountability will rest with these same personnel for the effectiveness with which their duties are performed.

Major goals of district administration will be:

1. to effectively manage the district's various departments, units and programs;

2. to provide professional advice and counsel to the Board and to advisory groups established by Board action. This includes the review of policy alternatives and the subsequent recommendation from among them;

3. to perform managerial duties as will best assure effective learning programs, including but not limited to:

a. ensuring the effective implementation of Board policy;

b. addressing the on-site needs of the district's schools;

c. providing leadership in keeping abreast of current educational developments;

SUPERINTENDENT OF SCHOOLS

Policy Text

The Board of Education shall by a majority vote appoint a Superintendent of Schools for a term of no less than three years and not to exceed five years. The Superintendent shall serve as the chief executive officer of the Board and as the chief operating officer of all areas and programs of the school system.

QUALIFICATIONS OF SUPERINTENDENT

Policy Text

The Superintendent of Schools shall be duly certified as required by the Commissioner's Regulations. The Board of Education reserves the right to set additional requirements above those of certification for candidates who seek the position of Superintendent.

RECRUITMENT OF THE SUPERINTENDENT

Policy Text

The Board of Education will develop recruiting procedures to enable the district to seek qualified candidates from a variety of sources. The Board adheres to the practice of recruiting and hiring personnel without regard to religion, race, creed, color, national origin, sex, marital status, sexual orientation, or disability. Candidates must meet certification and other requirements established by the Education Law and the Regulations of the Commissioner of Education for the position of Superintendent.

Upon selecting a new Superintendent, the Board will negotiate a contract with the successful candidate.

ADMINISTRATIVE ORGANIZATION

Policy Text

The Superintendent of Schools is the chief executive officer of the district. During his/her absence, the Board of Education designates the School Business Official to serve as Acting Superintendent in the absence of the Superintendent.

LINE AND STAFF RELATIONS

Policy Text

Lines of Responsibility

Generally, the responsibility will flow through teachers, to administrators, to the Superintendent, and then to the Board.

Instructional Program

Students will be primarily responsible to the classroom teachers. The instructional and non-instructional services which are provided by other personnel in the elementary and secondary schools will be brought into the educational program and into the life of each child in a manner determined by the classroom teachers and the principal of each school in consultation with special personnel.

All classroom teachers, all other instructional and non-instructional personnel in the elementary and secondary schools will be primarily responsible to the principal of that school.

SCHOOL BUILDING ADMINISTRATION

Policy Text

The Superintendent of Schools will delegate administrative authority to the Building Principal of each school and to his/her assistant(s) within the district's system for the internal management of the schools, within established Board of Education policy and administrative regulations.

BOARD REVIEW OF REGULATIONS

Policy Text

The Board of Education shall review and approve any administrative regulations establishing or affecting curricula. The Board may review any other regulation, at its discretion, to determine whether the regulation conforms with adopted policy.

EQUIVALENCE IN INSTRUCTIONAL STAFF AND MATERIALS

Policy Text

In accordance with federal regulations, the Board of Education will ensure equivalence among district schools in teachers, administrators, and auxiliary personnel; and in the provision of curricular materials and instructional supplies. The Superintendent of Schools shall follow the State Education Department guidelines in determining such equivalence on an annual basis, and report to the Board each year on the status of district schools with regard to equivalence.

Cross-ref: 1900, Parental Involvement – Title I

4325, Compensatory Education

6231, Title I/PSEN Programs and Services

Ref: 34 CFR §200.43(c)(1)(i) (ESEA Title I Program in Local Educational Agencies)

State Education Department, Office of School Improvement Grants Management and Compliance, Consolidated Application and Applicant's Guide and Instructions for Consolidated Application

District Reference

,

General Reference

34 CFR §200.43(c)(1)(i) (ESEA Title I Program in Local Educational Agencies)State Education Department, Office of School Improvement Grants Management and Compliance, Consolidated Application and Applicant's Guide and Instructions for Consolidated Application

SCHOOL CALENDAR

Policy Text

The Board of Education will adopt a school calendar for each school year. The calendar will be worked out in conjunction with the other schools in the Dutchess County BOCES and follow the Dutchess County calendar as closely as possible.

SCHOOL DAY

Policy Text

The Board of Education will determine the length of the school day in accordance with regulations of the Commissioner of Education.

The length of the school day in the elementary schools will be at least five hours exclusive of the time allowed for lunch; and in the secondary school, at least five and one half hours exclusive of the time allowed for lunch.

CURRICULUM AND PROGRAM DEVELOPMENT

Policy Text

The Board of Education supports a collaborative approach to curriculum and program development. Accordingly, the Superintendent will ensure the appropriate inclusion of building principals, teachers, students and the community in the development of curricula and programs that meet the New York State Learning Standards and the school district community needs. The Superintendent shall promote a continuing review and upgrading of such curricula and programs.

Curriculum Development

The Superintendent shall be responsible for curriculum development through the Administration and staff. Curriculum changes shall be submitted to the Board of Education for final adoption in accordance with law.

Adoption of New Programs and Schedule Changes

In order to foster experimentation with new educational programs and schedules designed to improve the overall quality of the education program, the Board will hear a presentation by the Superintendent or his/her representative and will approve a trial period of not more than three years for any program changes and major schedule changes (e.g. Long Block, Semester Block, Summer Program, After School Programs, etc.), subject to the following conditions:

1) All changes shall be reviewed by an appropriate shared decision making committee chosen by the Superintendent;

2) A written plan shall be submitted to the Board that clearly identifies:

a) An educational deficiency or program improvement desired;

b) The specific actions to be taken and how they will address the present deficiency;

c) The specific means to objectively evaluate the effectiveness of the changes planed;

d) The opinion of the appropriate shared decision making committee;

3) The plan must be communicated to the parents of children that will be affected, including the children of the next school year;

4) Budgetary and collective negotiations issues must be resolved before implementation.

5) The changes recommended must be in compliance with the laws, rules and regulations of the State of New York.

At the conclusion of a trial period, the Board shall decide upon permanent adoption of the changes or direct that they be rescinded. The Board may extend an initial trail period up to an additional three-year trial period.

OCCUPATIONAL EDUCATION

Policy Text

Occupational education will be available through the Dutchess County BOCES. The curriculum at the Dutchess County BOCES Vocational-Technical Center will be supplemented with required instruction at the student’s home school.

Bus transportation will be provided and required to be used by secondary students. With special permission, a student may be exempted from using school transportation only with written parental consent and approval by a district administrator.

The final responsibility for the behavior and welfare of secondary school students attending the Vocational-Technical Center will rest with the administration of the student’s home school.

AIDS INSTRUCTION

Policy Text

In compliance with the regulations of the Commissioner of Education, the district will provide classroom instruction concerning Acquired Immune Deficiency Syndrome (AIDS) as part of a sequential and comprehensive health program for all students, K-12. Instruction must be offered during regularly scheduled classes. Such instruction will be age-appropriate, and include the following information:

1. the nature of the disease;

2. methods of transmission of the disease; and

3. methods of prevention of the disease (stressing abstinence as the most effective and appropriate protection against AIDS).

The district shall provide sufficient advance written notice to the parents/guardians of all students scheduled to receive AIDS instruction. A student may be excused from that segment of AIDS instruction regarding methods of prevention of the disease if his/her parent/guardian files a written request with the building principal. The request must give assurance that such instruction will be given at home.

The Board shall establish an advisory council which shall be responsible for making recommendations on content, implementation, and evaluation of the AIDS instructional program. The advisory council must consist of Board members, appropriate school personnel, parents and community representatives, including representatives from religious organizations.

SAFETY EDUCATION

Policy Text

The Board of Education shall ensure that instruction is provided in the district’s schools on traffic regulations, highway and bicycle safety, fire and arson prevention, home safety, recreational safety, industrial and occupational safety, and school safety. Building Principals shall expand safety instruction as necessary.

TEACHING ABOUT DRUGS, ALCOHOL, TOBACCO

Policy Text

The Board of Education and the professional staff shall promote the education of students and school district staff about the dangers of the illegal use of drugs and the abuse of alcohol and tobacco. Instruction will include sessions about the causes and effects of drug, alcohol and tobacco abuse, especially in young people. In addition, all high school students will receive instruction on the dangers of driving while under the influence of alcohol and/or drugs.

PROGRAMS FOR STUDENTS WITH DISABILITIES UNDER IDEA AND ARTICLE 89

Policy Text

The district shall make available to all students eligible under the Individuals with Disabilities Education Act and Article 89 of the Education Law, and their implementing regulations, a free appropriate public education in the least restrictive environment appropriate to meet their individual needs.

The Board acknowledges its responsibility to offer, at public expense, special education and related services which are designed to provide educational benefits to students in conformity with their individualized education program. Special education services or programs will be designed to enable a student with disabilities to be involved in and progress in the general education curriculum, to the extent appropriate to his/her needs.

Consistent with the requirements of federal and state law and regulations, the Board will:

1. Appoint a committee on special education (CSE), and as appropriate, CSE subcommittees to assure the identification and placement of eligible students with disabilities.

2. Based upon the recommendation of the CSE, arrange for special education programs within legally prescribes time frames. Should it disagree with the recommendation of the CSE, the Board, upon notice to the parents involved, and in accordance with the procedures set forth in the Regulations of the Commissioner of Education, may forward its concerns to the CSE, or reconvene a second CSE for review of and revisions to the original recommendation as appropriate.

Testing and evaluation procedures will be used for the identification and placement of students with disabilities, which meet the requirements of federal and state law and regulations. As part of the periodic reevaluation of a student with disabilities, the CSE will determine if the child continues to have a particular category of disability, or continued need for special education and related services. The continued eligibility for services of a student previously classified as a student with disabilities will be determined in accordance with the procedures set forth in federal and state law and regulations.

Parents of students with disabilities and their children will be provided with notice of the procedural safeguards available to them and their children. The district will use the procedural safeguard notice prescribed by the Commissioner of Education and make the notice available in the manner prescribed by the Commissioner’s Regulations. Students with disabilities and their parents will be afforded the procedural safeguard rights set forth in the notice.

To ensure the appropriate delivery of services to students with disabilities in the district, the Superintendent of Schools shall ensure that:

1. All children with disabilities residing in the district, including those attending nonpublic school, are identified, located and evaluated.

2. School wide approaches and pre-referral interventions including, but not limited to, academic intervention services in order to remediate a student’s performance prior to referral for special education are implemented.

3. The CSE is informed of the process prescribed by law and regulations for the appropriate declassification of students with disabilities.

The Superintendent shall ensure that personally identifiable data and information or records pertaining to students with disabilities remain confidential as required by law and regulations.

The Superintendent shall also develop and maintain a comprehensive system of personnel development plan so that professional and paraprofessional staff working with students with disabilities possess the skills and knowledge necessary to meet the needs of students with disabilities.

PROVISION OF SPECIAL EDUCATION SERVICES IN THE LEAST RESTRICTIVE ENVIRONMENT

Policy Text

PROVISION OF SPECIAL EDUCATION SERVICES

IN THE LEAST RESTRICTIVE ENVIRONMENT

The Board of Education recognizes its responsibility to ensure that students with disabilities eligible for special education programs and services under the Individuals with Disabilities Education Act (IDEA) and Article 89 of New York’s Education Law receive those services in the least restrictive environment appropriate to meet their individual educational needs.

Therefore, the district will not place students with disabilities in special classes or separate schools, or otherwise remove them from the regular educational environment unless the nature or severity of their disability is such that their education cannot be achieved satisfactorily in regular classes, even with the use of supplementary aids and services. In addition, the district will provide special services or programs to enable students with disabilities to be involved in and progress in the general curriculum, to the extent appropriate to their needs.

To fulfill its responsibility to educate students with disabilities in the least restrictive environment, the district will implement the provisions of section 200.6 of Commissioner’s Regulations.

Furthermore, and pursuant to those provisions, students with disabilities placed together for purposes of receiving special education will be grouped by similarity of individual needs including their range of academic achievement, functional performance and learning characteristics; social and physical development, and management needs.

The Superintendent will ensure that the CSE Chairperson is provided with a current version of those provisions, either in hard or soft copy, at the beginning of each school year, and copies of any amendments that become effective during the school year.

The Board also recognizes that the least restrictive environment requirements established by applicable law and regulations also extend to nonacademic settings. Therefore, the district will provide students with disabilities the opportunity to participate with non-disabled students in school-sponsored co-curricular and extracurricular activities, to the maximum extent appropriate to each individual student’s needs. The district also will provide students with disabilities with supplementary aids and services the CSE or CSE subcommittee, as applicable, determines to be appropriate and necessary for the students to participate in such activities.

INDEPENDENT EDUCATIONAL EVALUATIONS

Policy Text

If the parent or guardian of a student who has or is thought to have a disability disagrees with the evaluation obtained by the Committee on Special Education (CSE) or the Committee on Preschool Special Education (CPSE), they have a right to obtain an independent evaluation at public expense.

The district may initiate an impartial hearing to show that the evaluation of the CSE or CPSE is appropriate and, if the impartial hearing officer determines that the CSE or CPSE’s evaluation is appropriate, the parent shall not have the right to a publicly funded independent evaluation, or the right to reimbursement for an independent educational evaluation they may have already obtained.

Independent education evaluations shall be conducted by a qualified examiner who is not employed by the school district responsible for the child’s education. Parents or guardians seeking an independent evaluation must file a written request within 45 days from the date of the CSE or CPSE evaluation. The district may request the parent/guardian to specify the areas of disagreement with the district’s evaluation(s). Requests for independent evaluations received more than 45 days after the parent received the results of the CSE or CPSE evaluation will not be considered for payment by the school district.

When an independent educational evaluation is requested and approved by the school district, and a professional is selected to conduct the evaluation, then it will become the responsibility of the professional evaluator to contact the district to arrange for payment, dates of classroom visitations, and discussions with school staff.

Public expense shall mean that the district will pay for the reasonable cost of the independent evaluation or ensure that the evaluation is otherwise provided at reasonable cost to the parent. The district shall establish reasonable reimbursement rates for independent evaluations that do not exceed the costs which the school district would be required to pay to its own employees. The district will not pay more than the prevailing fee schedules in Dutchess County for a comprehensive independent educational evaluation that would meet the requirements under Commissioner’s Regulations which require an individual psychological evaluation, a social history, and other suitable examinations and evaluations as may be necessary to ascertain the physical, mental, and emotional factors which contribute to a suspected educational disability.

The district shall maintain and make available to parents or guardians a list of appropriate public and private agencies and other resources which can provide an independent educational evaluation. The list shall contain the names, addresses and telephone numbers of such agencies or resources. The district will permit parents to select any independent evaluator who is in the public telephone book within the confines of Dutchess County, New York, at the time the parent makes the request of the school district, as long as the qualified professional selected by the parent is a certified (where appropriate) and/or licensed evaluator.

The district will pay for an evaluation performed by an employee of any other public school district or BOCES within the State of New York whom the parent chooses to employ as an independent evaluator at the then current hourly rate paid to that licensed or certified individual by their respective public school district or BOCES.

The district will not pay for or accept for reimbursement as an independent evaluation, one that has been prepared by an individual who does not possess a license or certification from the New York State Education Department as a qualified professional. All such evaluations will be subject to the reimbursement rates established by the district. Such independent evaluations may also be presented as evidence at a hearing conducted by the district or requested by the parent.

Evaluations requested which do not fall within the district’s established criteria may be subject to public expense if they are justified by the child’s unique circumstances. Requests for exceptions to this policy should be forwarded in writing to the Chairperson of the district’s CSE or CPSE.

Parents/guardians can obtain further information on independent educational evaluations by contacting the Chairperson of the district’s CSE or CPSE.Parents/guardians can also contact the State Education Department for additional information on independent educational evaluations by contacting the Office for Special Education Services at (518) 474-5356 and speaking to the Regional Associate assigned to the Dutchess County area.

District Reference

,

General Reference

34 CFR §300.503

8 NYCRR §§200.1(u); 200.5(a)(l)(vi)(a); 200.5(b); 200.5(c)(6)

Application of a Child with a Handicapping Condition, SRO Dec. No. 93-26 (1993)

Application of a Child with a Handicapping Condition, 30 EDR 129 (1990)

Application of a Child with a Handicapping Condition, 30 EDR 108 (1990)

Application of a Child with a Handicapping Condition, 26 EDR 439 (1987)

Appeal of a Handicapped Child, 25 EDR 185 (1985)

Matter of a Child Suspected of Having a Handicapping Condition, 23 EDR 140 (1983)

Matter of Three Handicapped Children, 21 EDR 353 (1981)

Memorandum to District Superintendents Independent Evaluations; Updating on Regulatory Requirements, State Education Department

PUBLIC REPORT ON REVISIONS TO DISTRICT POLICIES, PRACTICES AND PROCEDURES UPON A FINDING OF SIGNIFICANT DISPROPORTIONALITY

Policy Text

The Board of Education recognizes that, despite the district’s best efforts, there may be times when there might be a disproportionate representation of racial and ethnic groups in its special education programs and services, and/or with respect to the suspension of students with disabilities. To minimize the risk of such an occurrence, the Board has endeavored to adopt policies, practices and procedures for the district that are consistent with the IDEA and Article 89 of New York’s Education Law, and their implementing regulations.

Nonetheless, upon learning of a significant disproportionality either in the suspension, identification, classification and/or placement of the district’s students with disabilities, the Board will immediately review the district’s policies, practices and procedures to determine whether they are fully compliant with the requirements of the IDEA and Article 89, or require revisions. If changes are needed, the Board will take immediate steps to adopt and implement any and all necessary revisions.

The Board will inform the public of any revisions to the district’s policies, practices and procedures undertaken as a result of a finding of significant disproportionality. The Superintendent will notify school personnel responsible for implementing the revisions.

PRESCHOOL SPECIAL EDUCATION

Policy Text

The Board of Education authorizes the Superintendent of Schools to establish administrative practices and procedures which shall include:

1. locating and identifying all preschool children with disabilities pursuant to the relevant provisions of the Education Law. The register of children eligible to attend a preschool program is to be maintained and revised annually by the Committee on Preschool Special Education (CPSE);

2. ensuring that the parent(s)/guardian(s) of preschool age children with disabilities have received and understand the request for consent for evaluation of their child;

3. developing an individualized education program (IEP) for each preschool age child with a disability;

4. appointing and training appropriately qualified personnel including the members of a CPSE;

5. maintaining lists of impartial hearing officers and of State Education Department-approved special education programs within the county and adjoining counties in which the district is located; and

6. reporting to the State Education Department the number of children with disabilities that are being served, as well as those not served.

The Board of Education hereby establishes the CPSE as required under the Education Law. Its responsibilities will include the evaluation and recommendation for placement in appropriate approved programs and the provision of appropriate special education programs and services for each preschool child with a disability. The CPSE shall review, at least annually, the status of each preschool child with a disability.

It is ultimately the responsibility of the Board to arrange for the appropriate approved preschool program and services for the district children. Should the Board disagree with the CPSE's recommendations, it shall send the recommendation back to the CPSE so that they may schedule a timely meeting to review the Board’s concerns and to revise the IEP as deemed appropriate.

Placement may be appealed by a parent/guardian to an impartial hearing officer, appointed by the Board. Mediation shall be offered to such parents/guardians to resolve complaints regarding the education of preschool children with disabilities at the same time notice of the availability of an impartial hearing is provided.

The Board directs the Superintendent to ensure that the district considers that adequate and appropriate space is made available within or outside the district for such programs and services.

The Board directs the Superintendent to develop and maintain a plan which incorporates information concerning the provision of services for preschool children with disabilities, pursuant to the Regulations of the Commissioner of Education.

SPECIAL EDUCATION PERSONNEL QUALIFICATIONS AND TRAINING

Policy Text

The Board acknowledges its responsibility to recruit, hire, train and retain highly qualified personnel, as defined in the federal Individuals with Disabilities Education Act (IDEA) and its accompanying regulations and in Article 89 of New York State Education law and its accompanying regulations, to provide special education programs and services. In addition, the Board is committed to appointing appropriately qualified personnel to the Committee (and subcommittee) on Special Education (CSE) and Committee (and subcommittee) on Preschool Special Education (CPSE).

The Board will fulfill its obligation with regard to special education personnel by taking measurable steps including, but not limited to the following:

1.Actively recruit personnel who possess prior experience working with students with disabilities.

2.Solicit resumes from graduates of institutions of higher education that offer programs in special education.

3.Seek candidates for teaching positions who are dually certified, to the extent possible.

4.Ensure that every member of the professional staff participates in annual professional performance reviews and professional development plans.

5.Provide appropriate on-going training and professional development to CSE and CPSE members, and other special education program and service providers to ensure their continuing awareness of their obligations and responsibilities under the law.

The Superintendent is responsible for ensuring that the professional staff is appropriately certified, licensed and trained and that they meet the “highly qualified” standard established in federal and state law. In the event that highly qualified individuals are not available, despite the best efforts of the administration, the Board recognizes its responsibilities to meet the alternative standards established by the State Education Department. The Superintendent, in consultation with the Director of Special Education, shall prepare an annual report to the Board which provides information about the certifications and qualifications of the special education professional personnel, as well as a summary of the professional development opportunities offered.

SCHOOL-WIDE PRE-REFERRAL APPROACHES AND INTERVENTIONS

Policy Text

The Board of Education recognizes that the provision of academic and behavioral supports and targeted interventions for students who are not making academic progress at expected levels in the general curriculum may improve a student’s performance, and help avert the need for referral for possible classification as a student with a disability. Therefore, the district will implement on a school-wide basis practices appropriate to enable the district’s students to succeed in the general education environment. These school-wide approaches shall serve as pre-referral interventions prior to consideration of a referral to the Committee on Special Education (CSE). The referral form to the CSE used by District staff will describe, in writing, the intervention services and programs used to remediate the student’s performance, or instructional methodologies, including any supplementary aids or support services provided, or the reasons why no such attempts were made.

The Superintendent or designee will identify and take steps to implement a variety of practices appropriate to comply with this policy. Consistent with applicable law and regulation, those practices may include, for example:

1.Providing early intervention services with funds available under the IDEA and which may be coordinated with similar activities conducted under the Elementary and Secondary Education Act. Such services would be made available to students not currently identified as needing special education and related services, but who need additional support to succeed in a general education setting. This may include professional development that enables teachers and other staff to deliver scientifically based academic instruction and behavioral interventions, such as scientifically based literacy instruction and, where appropriate, instruction on the use of adaptive and instructional software. It also may include educational and behavioral evaluations, services and supports.

2.Implementation of a Response to Intervention (RtI) program that includes at least the minimum requirements established by Commissioner’s Regulations, and allows teachers and other staff to determine whether a student responds to scientific, research-based instruction or requires interventions beyond those provided to students in the general education classroom.

3.Providing academic intervention services (AIS) to students at risk of not meeting the state learning standards in accordance with the District’s plan for AIS. Such services may include additional instruction supplementing instruction in the general curriculum and/or student support services such as guidance, counseling, attendance and study skills needed to support improved academic performance.

5.Implementation of positive behavioral interventions and supports that reduce school and classroom behavioral problems, and create and maintain a safe and positive learning environment.

These services may be provided before, during or after the school day, or in the summer.

District implementation of any of the above practices will not impede or delay the appropriate evaluation of a student suspected of having a disability, and the student’s right to a free appropriate public education.

ALLOCATION OF SPACE FOR SPECIAL EDUCATION PROGRAMS AND SERVICES

Policy Text

ALLOCATION OF SPACE FOR SPECIAL EDUCATION

PROGRAMS AND SERVICES

To ensure that adequate and appropriate space is made available for special education classes provided by the district, as well as in programs provided by the Board of Cooperative Educational Services (BOCES), the Board of Education will allocate an appropriate amount of space in district facilities to meet the needs of students in such programs. This allocation will be part of the biennial district plan for the provision of special education programs and services, as mandated by the Commissioner.

DUAL ENROLLMENT

Policy Text

The Board of Education will provide occupational and vocational education for students with disabilities attending non-public schools within the district if the Committee on Special Education deems appropriate.

DISSEMINATION OF INDIVIDUALIZED EDUCATION PROGRAM (IEP) INFORMATION

Policy Text

The Board of Education shall provide access via the internet or a copy of each students’ Individualized Education Program (“IEP”) to each regular education teacher, special education teacher, related service provider and other service providers responsible for implementing a student’s IEP prior to its implementation.

The District’s Committee on Special Education Chairperson shall designate a professional with knowledge of a student’s disabilities and program to inform in writing, each teacher, teaching assistant and support staff person of his or her responsibilities related to implementation of the student’s IEP, as well as the modifications and supports provided under such program.

Although dissemination shall be made to each teacher and service provider, redisclosure of each student’s IEP shall only be made if in accordance with existing confidentiality laws, including the Individuals with Disabilities in Education Act and the Family Education Rights and Privacy Act. The Superintendent shall develop regulations to implement the provisions of this policy.

AVAILABILITY OF ALTERNATIVE FORMAT INSTRUCTIONAL

Policy Text

AVAILABILITY OF ALTERNATIVE FORMAT INSTRUCTIONAL

MATERIALS FOR STUDENTS WITH DISABILITIES

The Board of Education recognizes its responsibility to ensure that all the instructional materials used in the district’s schools are made available in a usable alternative format for students with disabilities in accordance with their individual educational needs and course selection at the same time as those materials are available to non-disabled students. In accordance with applicable law and regulations, any such alternative format procured by the district will meet the National Instructional Materials Accessibility Standard.

For purposes of this policy, alternative format will mean any medium or format for the presentation of instructional materials, other than a traditional print textbook, that is needed as an accommodation for a student with a disability enrolled in the school district, including but not limited to Braille, large print, open and closed captioned, audio, or an electronic file. An electronic file must be compatible with at least one alternative format conversion software program.

The Superintendent will ensure arrangements are made to provide the necessary alternative format materials as soon as practicable, in accordance with the timeliness requirements of this policy. Such a plan will provide for:

1.Preference to vendors who agree to provide the highest quality instructional materials in alternative formats in the timeliest manner, and to reflect this requirement in the bidding specifications used for the procurement of instructional materials. The same preference will be given to vendors of instructional materials ordered for the school library.

2.Consultation with appropriate school personnel regarding how students will access electronic files. The district’s technology staff will be notified of any need to convert electronic files into an accessible format such as Braille, large print, audio, or alternative display.

3.The availability of hardware and/or software a student with disabilities in need of alternative format materials might require to access the instructional material.

4.The yearly review of the district’s ordering timelines for the purchase of instructional materials to ensure sufficient lead time for obtaining needed alternative format materials.

5.Notification to appropriate school personnel by the CSE, CSE subcommittee, CPSE and Section 504 Committee Chairperson whenever it is determined that a student needs instructional materials in alternative format. Such notice also will identify the particular

alternative format needed, and any assistive technology devices or services the student might need to access the alternative format materials.

6.Notification by classroom teachers of the books they will be using in class and any list of required readings with sufficient lead time in anticipation of the district’s timelines for the purchase of instructional materials.

7.Consultation with the school librarian to make sure that specific library resources required by a student in need of alternative format materials to participate and progress in his or her selected courses are made available to the student in an accessible format.

Education Law §§1604(29-a); 1709(4-a) 1950(4-a); 2503(7-a); 2554(7-a); 3602(10)(b); 8 NYCRR §§200.2(b)(10); State Education Department, Office of Special Education, Policy 02-05 Amendment to Section 200.2 of the Regulations of the Commissioner Implementing Chapter 377 of the Laws of 2001: Plans to Provide Instructional Materials in Alternative Formats for Students with Disabilities, May 2002, available electronically from the SED website www.p12.nysed.gov/specialed/publications/policy/alterformat502.htm

DISTRICTWIDE AND STATEWIDE ASSESSMENTS OF STUDENTS WITH DISABILITIES

Policy Text

DISTRICTWIDE AND STATEWIDE ASSESSMENTS

OF STUDENTS WITH DISABILITIES

The Board of Education recognizes the importance of offering access and appropriate testing accommodations to eligible students so that they can participate in assessment programs on an equal basis with their nondisabled peers. Two elements that contribute to an effective assessment program are proper use of use of accommodations and use of universal design principles in developing and administering tests.

Testing Accommodations

Testing accommodations provide an opportunity for students with disabilities to:

·Participate in the instructional and assessment program;

·Demonstrate their strengths, knowledge and skills without being restricted by their disability; and

·Provide an accurate measure of the standards being assessed so that appropriate instruction and services can be provided.

Testing accommodations are changes made in the administration of the test in order to remove obstacles to the test-taking process that are presented by the disability without changing the constructs being tested. Examples of testing accommodations are: flexibility in scheduling/ timing; flexibility in the setting for the administration of the test; changes in the method of presentation and changes in the method of response. Testing accommodations are neither intended nor permitted to: alter the construct being measured or invalidate the results, provide an unfair advantage for students with disabilities over students taking the test under standard conditions or substitute for knowledge or abilities that the student has not attained.

The Committee on Special Education, the Subcommittee on Special Education or the Committee on Preschool Special Education is responsible for recommending the appropriate test accommodations and including those recommendations on the student’s Individualized Education Program (IEP), Individualized Education Services Program (IESP) or Service Plan (SP). If it is determined that a student should participate in alternative assessments instead of the standard statewide or districtwide tests, the CSE must indicate the reasons for doing so on the IEP, IESP or SP.The 504 multidisciplinary committee will include the appropriate test accommodations as part the 504 plan.

The recommendations will be reviewed annually by the CSE, CSE subcommittee, CPSE or 504 team. The Board acknowledges the importance of integrating the assessment program with the instructional program and, to that end, encourages effective communication among district staff so that implementation is consistent and fair. The goal is to provide effective assessments that allow students to benefit from their educational program.

In some situations, a building principal may authorize the use of testing accommodations in accordance with this policy. Those instances are limited to cases where a regular education student incurs a disability, such as, but not limited to, a broken arm, without sufficient time for the CSE, CPSE and/or Section 504 Committee to make a recommendation prior to a test. They do not include cases where the student is already being evaluated to determine his or her eligibility for status as a student with a disability. In exercising this authority, the building principal will rely on his or her professional judgment. He or she also may confer with CSE, CPSE and/or Section 504 Committee members.

Universal Design Principles in Districtwide Assessments

The Board of Education recognizes the benefits of using the principles of universal design to further the goal of ensuring equal access to districtwide assessments and to ensure the most accurate measure of the performance of all students. The Board directs the Superintendent, in consultation with appropriate school staff, to examine how universal design principles can be incorporated into the district’s assessment program, and to facilitate its use to the extent feasible. Any steps taken in this regard will be consistent with this policy and applicable State Education Department policy and/or guidance on the use of universal design principles.

At a minimum, the Director of Special Education, the building principal, and the child’s teachers will collaborate on the provision of district assessments that will be:

1.Made more usable by students with diverse abilities.

2.Designed to better accommodate a wide range of individual preferences and abilities.

3.Made more understandable.

4.Made to communicate necessary information to students more effectively.

5.Designed to minimize adverse consequences of accidental or unintended actions.

6.Used more efficiently and comfortably and with a minimum of student fatigue.

IMPARTIAL HEARING OFFICER SELECTION, APPOINTMENT AND COMPENSATION

Policy Text

It shall be the policy of the Rhinebeck Central School District to select, appoint and compensate impartial hearing officers in the following manner:

Selection and Appointment

The District shall utilize the most recent rotational list of impartial hearing officers established by the State Education Department. Additional qualified impartial hearing officers requesting to serve in the District shall have their names inserted into such rotational list in alphabetical order.

Within two (2) business days after the District receives a written request for an impartial hearing, the District Clerk shall initiate attempts to contact that hearing officer whose name next follows the last hearing officer appointed by the Board of Education from the rotational list.

The District Clerk shall first attempt contact by telephone call. If unsuccessful at reaching the hearing officer, the District Clerk shall leave a message (if voice mail is available) and send a letter by overnight mail, informing the hearing officer that:

a. A hearing has been requested concerning a student (identify the student only by number) and the same of the school district;

b. The hearing officer’s name is the next one on the rotational list; and

c. The hearing officer must contact the District Clerk (leave telephone number) no later than 24 hours from the date the telephone message is left and/or the date of the correspondence.

If the hearing officer declines appointment, or fails to respond within 24 hours after being telephoned or sent a letter by overnight mail, the District Clerk will, according to the procedures outlined above, offer the appointment to each successive hearing officer whose name appears on the rotational list, until it is accepted.

No appointment may be accepted unless the hearing officer is available to initiate the hearing within 14 days after being contacted by the District Clerk.

Once an appointment is accepted, the hearing officer shall be formally appointed by resolution adopted by the Board of Education; or letter signed by the President or Vice President of the Board of Education.

The President and/or Vice President of the Board of Education are hereby delegated with the authority to immediately appoint impartial hearing officers who are selected in accordance with these procedures.

The District Clerk shall maintain a log detailing any actions taken pursuant to this policy relating to the appointment of impartial hearing officers.

Compensation

Compensation will be made at the hourly rates currently approved by the State Education Department pursuant to §4404(1) of the Education Law.

The District will not reimburse impartial hearing officers for administrative assistance, secretarial or other overhead expenses.

The District will, upon review and approval of properly submitted receipts, reimburse impartial hearing officers for automobile travel at the I.R.S. approval rate and for tolls reasonably and necessarily incurred as a result of the hearing.

In addition to hearing time itself, the Board will reimburse, at the hourly rate, for time actually expended by the impartial hearing officer for:

1. Scheduling the hearing;

2. Pre-hearing conference calls (if necessary);

3. Scheduling letters;

4. Preparing the Decision, including any Interim Decisions.

Absent extraordinary circumstances, as determined in advance by the District, Impartial hearing officers will not be reimbursed for any other expenses associated with their appointment and service as impartial hearing officers.

A hearing cancellation fee of $500.00 shall be paid by the District where five business days notice is not provided to the impartial hearing officer. The District will not be responsible for any compensation in connection with hearing cancellations where five or more business days notice is provided to the impartial hearing officer.

Notice

A copy of this policy will be forwarded to the impartial hearing officer at the time of appointment.

DECLASSIFICATION OF STUDENTS WITH DISABILITIES

Policy Text

DECLASSIFICATION OF STUDENTS WITH DISABILITIES

The Board of Education recognizes that it may be appropriate to declassify some students with disabilities. A student may mature and develop skills such that they no longer require the special program, support services or accommodations offered by an Individualized Education Program (IEP), Individualized Education Services Program (IESP) or Services Plan (SP). The Committee on Special Education (CSE), the CSE Subcommittee or, the Committee on Preschool Special Education (CPSE), as applicable, is responsible for making this judgment, while adhering to the requirements of federal and state law and regulation.

Reevaluation

Prior to determining that a student is no longer eligible for special education services and should be placed in a full-time regular education program, the CSE, CSE subcommittee, or CPSE, as applicable, will conduct a declassification evaluation of the student in accordance with the process and procedures prescribed for the evaluation and reevaluation of students with disabilities, by applicable law and regulations. However, the CSE, CSE subcommittee, or CPSE members may determine after reviewing existing evaluation data that no additional information is needed to determine the student’s continued eligibility for services.

When a determination is made that no additional data is needed for reviewing a student’s continued eligibility for special education services, the CSE, CSE subcommittee, or CPSE Chairperson, as applicable, will notify the student’s parents of that determination and the reasons for it, and of their right to nonetheless request an assessment. Unless the student’s parents make such a request, the district will not conduct any further assessments.

The district will provide the student’s parents with a copy of the reevaluation report and documentation regarding the eligibility determination.

Consistent with applicable law and regulation, the district will not conduct a declassification evaluation if the reason why a student is determined to be ineligible for special education services is that he or she has either:

1. Graduated with a regular high school or Regents diploma; or

2. Exceeded the age of eligibility for services.

However, in such an instance the district will provide the student with a summary of his or her academic achievement and functional performance that also includes recommendations on how to assist the student in meeting his or her post-secondary goals.

Declassification Support Services

It is the goal of the Board of Education to provide an opportunity for the student to succeed in the transition to the regular education program. In order to facilitate that success, the CSE/CPSE may offer educational and support services for a period of time, not to exceed one year. Declassification support services may include:

1.For the student, psychological services, social work services, speech and language improvement services, non-career counseling, and other appropriate support services.

2. For the student’s teachers, the assistance of a teacher aide or a teaching assistant, and consultation with appropriate personnel.

The CSE/CPSE will ensure that the appropriate teachers and service providers are informed of the need for the transition services, and will specify the nature and duration of those services.

PROGRAMS FOR THE GIFTED AND TALENTED

Policy Text

The Board of Education supports efforts to provide students identified as gifted and talented with differentiated educational programs and/or services beyond those normally provided by the regular school program in order to help them realize their contribution to self and society.

Gifted and talented students shall be defined as those students who consistently excel or show the potential to consistently excel above the average in one or more of the following areas of human endeavor to the extent they need and can profit from specially planned educational services:

ACADEMIC INTERVENTION SERVICES

Policy Text

The Board of Education directs the Superintendent of Schools to oversee the development, maintenance and evaluation of a program of academic support services coordinated and articulated with the developmental program. The program will specifically address the needs of students who must be provided academic support services as a result of test scores on state-required tests (in compliance with the Regulations of the Commissioner), and may address the needs of other educationally disadvantaged students.

To determine student eligibility for federal and state programs, the Superintendent or his/her designee will design appropriate student assessment procedures. Assessment shall be a collaborative effort involving parents/guardians, regular classroom teachers, guidance and special education personnel. Referrals may be initiated by Building Principals and/or classroom teachers, based in part on low student scores on state competency tests, but also taking into consideration a broad range of student needs. Students who are participating in Title I will be eligible for such services until they are performing at grade level.

Individual assessments shall attempt to gauge a student's need for emotional and/or physical health services, and seek to determine whether his/her academic performance has a basis in a physical or emotional disability. Student learning style and level of proficiency in speaking/reading/writing English must also be assessed. If the latter is a factor, instruction in English as a second language (ELL) and/or bilingual instruction will be provided prior to any determination regarding the need for further specialized instruction. All transferring students and new entrants shall be screened to determine their need for academic support services. A student may be eligible for remediation based on test scores received from the district in which such student was previously enrolled.

If a student is eligible for academic support services, he/she will be assigned to an appropriately certified teacher qualified to provide instruction in the area for which remediation is required. Inservice training in academic support services/remediation methods/ programs shall be provided to all teachers periodically.

Teachers shall coordinate academic support services with the student's regular classwork and homework load. Program goals shall include regular coordination of the curriculum across grades and between grade levels, based upon a core curriculum. Teachers are encouraged to involve parents, community volunteers, teacher aides/assistants and student peers whenever possible.

All such programs shall be evaluated yearly. Evaluation shall be based on norm-referenced test scores and other objective student outcomes, such as classroom performance and student behavior. When seeking to improve programs, the Superintendent or his/her designee shall research effective program models used by other districts in New York State and nationally. Such models shall be adapted to district resources and needs. In addition, the district shall seek all applicable state and federal funding to improve its academic support services.

INSTRUCTION FOR ENGLISH LANGUAGE LEARNERS

Policy Text

The district will make every effort to ensure that students designated as English Language Learners (ELL) are provided with an appropriate program of transitional bilingual education or free-standing English as a Second Language (ESL) program.

Pursuant to this policy and the regulations of the Commissioner of Education, the Superintendent of Schools is directed to develop appropriate administrative regulations to ensure that ELL students are:

1. diagnostically screened for limited English proficiency, in accordance with Part 117 of the Commissioner's Regulations. Those students who according to their scores are identified as ELL will be annually evaluated. Included in the evaluation shall be each student's performance in content areas to measure academic progress;

2. assured of access to appropriate instructional and support services, including guidance programs; and

3. assured of having equal opportunities to participate in all school programs and extracurricular activities as non-ELL students.

The Superintendent shall be responsible for ensuring that the Commissioner is provided with all information required under the Commissioner's Regulations and that the district provides appropriate school-related information to the parents of ELL students in English, or when necessary, in the language they understand. In addition, the Superintendent shall ensure that all teachers employed for any bilingual and/or ESL program are appropriately certified in accordance with the Commissioner's Regulations.

HOMEBOUND INSTRUCTION

Policy Text

Homebound instruction is a service provided to students who are unable to attend school due to: physical disability, as certified by a licensed physician; emotional problems, as certified by a licensed mental health professional; or suspension from attendance at school if the student has not yet reached the age of sixteen.

Proper attendance reports will be required monthly. In order to be claimed for state aid, secondary students will receive instruction for two hours per day and elementary students will receive one hour per day. Students receive credit for their work while on homebound instruction and may be required to take public school examinations. A student who is receiving homebound instruction may not participate in any school or school-related activities, either during or outside of the regular school day.

The appropriate building principal will designate the individual(s) to provide homebound instruction. The homebound teacher will be paid on an hourly basis according to current rates.

SERVICES TO STUDENTS WHO ARE HOME SCHOOLED

Policy Text

The Board of Education recognizes its responsibilities under §3204 of the Education Law (the “compulsory attendance law”) to ensure that every child residing within the District has an equal opportunity to receive an education. The Board of Education also acknowledges that resident parents or guardians have the right, and may elect, to provide educational requirements mandated by law for their child in nonpublic schools, in their homes or otherwise outside of the public or nonpublic schools.

A parent/guardian of a child providing his/her education through home schooling shall comply with all state laws and regulations of the Commissioner of Education. Primary responsibility for monitoring compliance with such laws and regulations rests with the Superintendent of Schools. The Superintendent will establish regulations regarding the education of children at home.

Provision of Services to Home Schooled Students

- Home schooled students are not awarded a high school diploma by the District.

- Home schooled students are provided with loaned textbooks onlyfrom the District’s current textbook inventory, upon parental request.

- Home schooled students may not attend the public schools on a part-time basis, participate in the instructional program of the District, or receive dual enrollment services, except as required by law.

- The District shall offer to home schooled students with disabilities the special education services and/or programs contained in the child’s individualized education program. There is no requirement that such services be provided in the student’s home.

- Home schooled students may participate in the following school activities, upon written request and approval by the District:

· intramural athletics to the extent that it does not cause a District student to be unable to participate

· other school sponsored extra-curricular and co-curricular activities to the extent that it does not cause a District student to be unable to participate

· library use during the school day, when space is available

· State testing

- Home schooled students may not participate in the following school activities:

· interscholastic athletics

· field trips and school trips

· any course or activity that is considered part of the instructional program and/or for which a student receives credit

MULTICULTURAL/GLOBAL EDUCATION

Policy Text

The Board of Education will ensure that students receive a multicultural/global education which emphasizes the value of different cultural traditions and promotes cultural pluralism and social equality.

TRAVEL STUDY AND EXCHANGE PROGRAMS

Policy Text

School-sponsored extended travel, such as travel to a foreign country, must have tentative Board of Education approval before any preliminary planning, and must have final Board approval prior to public announcements, student contacts, or any type of commitment.

School district employees who organize travel programs or tours which are not sponsored by the Board must do so as private citizens. Under these circumstances, the employee may not do anything in the planning or promotion of the activity which could in any way suggest the involvement, endorsement, or support of the district.

The Board also endorses the concept of student exchange programs and will authorize district participation in programs where the welfare of our students will be adequately safeguarded through association with recognized and well-established exchange programs.

MINIMUM CLASS SIZE

Policy Text

The minimum number of students required to be enrolled as of June 15th for the following school year in any middle school or high school credit-bearing course will be twelve (12). If fewer than twelve (12) students enroll in such a class, that class will not be offered during that semester (for a half-year course) or school year (for a full-year course).

If two or more courses are offered simultaneously by the same teacher within the same class period, the total number of students for that class period will not be fewer than twelve (12) students.

A district administrator may request that an exception be made to this policy on a case by case basis by the Board of Education. The Board of Education will consider such administrative requests for an exception to this policy based upon information presented by the respective administrator and the superintendent of schools, as well as the Board’s evaluation of the fiscal impact of such a decision during the school year in question.

The following information will be provided to the Board of Education for any and all administrative requests for exceptions to this policy:

• Name of class/course

• Description of course content, including New York State Learning Standards to be addressed

• Number of students interested in enrolling in the class/course

• Justification for making the exception to this policy

• Impact upon other classes

Classes/courses that are exempt from this policy include, but are not limited to, distance learning classes, classes that are required for graduation and that will not be offered again prior to the students’graduation, and independent study courses. In addition the policy does not apply to such non-credit-bearing programs such as academic intervention services, special education services, or any other program required by the state or federal government.

TEXTBOOK SELECTION AND ADOPTION

Policy Text

The Board of Education is responsible for the adoption and purchase of all textbooks to be used in the district schools. A three-fourth’s vote of the Board is necessary to adopt a new textbook where the old textbook has not been in use for five years.

A textbook shall mean any book, or a book substitute, which shall include hard covered or paperback books, work books, or manuals which a student is required to use as a text, or a text-substitute, in a particular class or educational program.

The adoption of textbooks shall adhere to the following procedures:

1. Textbooks when adopted as basic texts shall be used by all appropriate classes and grade levels in the district.

2. Requests to consider new textbook adoptions may originate from the Board, teachers, or administrators.

3. Appropriate faculty committees shall be formed to survey available texts.

4. Recommendations of textbook study committees shall be made known to interested grade level or subject matter teachers.

5. Recommendations of the textbook study committee shall be submitted through the Building Principal to the Superintendent of Schools.

6. Upon the approval of the Superintendent, a recommendation for adoption will be made to the Board.

7. The procedures for the adoption of multiple texts to be used for a grade level, subject area, or course shall be the same as for textbooks.

In some instances, reading lists will take the place of basic or multiple text materials. In these instances, reading lists shall be adopted by the Board upon recommendation of the Superintendent.

Supplementary texts, defined as those which are expected to be used in quantities not to exceed room sets, will not be issued to each student for a period of one semester or longer, and shall be used as a resource and supplement to the regular text materials. The procedures for the selection of supplementary texts shall be the same as those for the adoption of textbooks with the exception that Board approval is not required.

Selection of Literary Works for the Classroom

The selection of literary works for the classroom presents an arduous task for teachers. Extreme prudence must be exercised before implementing any literary work as prescribed reading in the classroom because it is always possible that a student and his/her parents might find an assigned literary work objectionable to his/her personal standards. In such instances, the student should be excused from reading the assigned book, providing that, in agreement with his/her teacher, the student reads something of a comparable stature and completes other assignments comparable to those expected of the class.

The following procedure shall afford each teacher the prerogative of support from fellow teachers and administrators whenever a question regarding the suitability of a literary text for classroom use might arise:

1. If a teacher discovers that some areas of a book which he/she wishes to implement in the classroom might be objectionable, a request should be made to the Chairperson of the Book Committee to call a meeting of teachers in that academic area for the benefit of their collective opinions.

2. The Superintendent will then be advised by the Chairperson as to the decisions thus reached by the teachers.

3. The comments of the teachers and their request for a review by the Book Committee shall then be implemented by the Superintendent.

4. The Committee shall have among its membership the Superintendent, the Principal, a librarian, and the teacher who desires to introduce the book in question.

5. Final dispensation of the controversy ultimately rests with the Board.

TEXTBOOK SELECTION AND ADOPTION

Policy Text

The need for a new textbook will be identified by a teacher or group of teachers, by the building administrator or a district administrator, by the Board of Education, or through some other process involving teachers and administrators, such as a textbook purchase rotation plan. The context for the needed textbook will be identified as supporting either a stand-alone class/course or a class/course that is part of a multi-year curricular sequence.

If an updated edition of the currently used textbook is needed and is being requested, the teacher will provide the Building Principal with an explanation of the need along with an outline of the significant revisions and differences between the current and the proposed textbook editions.

If the textbook selection is being proposed for a stand-alone class/course, the teacher of the class, in consultation with the department chair, if appropriate, will review the various textbook options before making a recommendation. The teacher and the department chair then will review the rationale for their recommendation with the Building Principal and the Director of Curriculum and Instruction.

Upon the approval of the Building Principal and the Director of Curriculum and Instruction, the Building Principal will submit a written request to the Superintendent of Schools for submission of the textbook to the Board of Education for approval. The written request will include an explanation of the textbook review/selection process used, an overview of the textbook options reviewed and considered, and the rationale for the final selection and recommendation. A copy of the final textbook selection will be made available for administrative and Board review prior to Board action.

If the class/course for which a new textbook is being sought is part of a multi-year curricular sequence, i.e. Grade 4 Science, Grade 7 Mathematics, Grade 10 English Language Arts, an ad hoc textbook selection committee will be established to consider the school-wide adoption of a textbook and/or textbook series. The ad hoc committee will be comprised of teachers at the grade level for which a new textbook is being considered, as well as teachers who teach at the grade levels before and after the grade level at which the needed text is intended to be used. The Building Principal and Director of Curriculum and Instruction will serve as ex-officio members of this ad hoc committee.

The ad hoc committee will review the various textbook options before making a recommendation, focusing on the appropriateness of the various textbook choices as determined by teachers who will be using the textbook at the grade level of immediate need, as well as by the teachers who are, or will be, using a textbook in the same content-area prior to and following the grade level for which the new textbook is being proposed for use.

If the textbook being considered is an updated edition of the currently used textbook, the ad hoc committee will provide an outline of the significant revisions and differences between current and proposed textbook editions. If the textbook being considered is from a series other than that currently being used, the ad hoc committee will consider and provide a written outline and rationale as to either:

o how a new textbook series in this subject area will be the most instructionally appropriate choice and will be most effectively phased in over a period of years; or

o why a textbook from a different series is the most educationally appropriate short-term and long-term instructional solution to the need for a new textbook at that particular grade level and in that particular subject area.

The Superintendent of Schools will review the written recommendation for the purchase of a new textbook with the Building Principal and the Director of Curriculum and Instruction. At a minimum, the written recommendation will include the age and condition of the current textbook, the reason for consideration of a new textbook, an explanation of the textbook review and selection process used, an overview of the textbook options reviewed and considered, the rationale for the final selection and recommendation, the anticipated ancillary support materials (e.g. DVDs, workbooks, software), ongoing costs (e.g. consumable workbooks and other materials required to be purchased on an ongoing basis), start-up professional development costs, and alignment of the proposed textbook/ textbook series to the District curriculum and the State learning standards. A copy of the final textbook selection will be made available for administrative and Board review prior to Board action.

Following the Superintendent’s recommendation and subsequent Board action on the request at a public meeting, the Business Office will process the request using the resources available within the General Fund budget.

LIBRARY MATERIALS SELECTION

Policy Text

The Board of Education, as the governing body of the school district, is legally responsible for the selection of library materials, including the selection and approval of printed and non-printed materials for its use. Accordingly, the Board sets forth the following guidelines for the selection of library materials:

1. Library materials should be selected on a needs basis taking into consideration the varied interests, abilities, and maturity levels of the students served. Materials that support the curriculum should receive first priority and are selected from faculty requests, suggestions, and observed weaknesses in the library collection.

2. Pleasure reading should be selected when funds permit to encourage reading and an active use of the library.

3. Critical review sources should be used in selecting library materials.

4. Materials may also be selected on the basis of faculty or student recommendations but should be checked beforehand by the librarian.

5. Materials dealing with local history should be routinely purchased to develop a sense of cultural heritage and for use in local history courses. Such materials are also popular with the school community as a whole and are frequently used.

6. Ordering from advertisements is the least reliable method of selection and should be done only when it appears that the materials ordered will significantly improve the library collection.

7. Permabound paperbacks should be ordered whenever possible instead of regular paperbacks because they hold up longer and cost less than hardcover materials.

8. The collection will be in continuous evaluation to provide for up-to-date material in all areas, changing emphasis in school curriculum, new instructional methods and any other current needs of teachers and students.

9. The selection process will be continuous.

10. Final responsibility for the purchase of materials will rest with the library staff who are professionally trained and are knowledgeable about the educational objectives and program of the school.

11. Sufficient duplicate copies of materials must be available to meet the needs of students and teachers.

The Superintendent will develop regulations in order to respond to any complaints about, or challenges to, the selection of library materials. Such regulations will establish a complaint procedure and provide for a committee to review such complaints or challenges.

SCHOOL LIBRARIES

Policy Text

The Board of Education endorses the guidelines approved by the American Library Association and the assertion by the American Association of School Librarians that it is the responsibility of the school library/media center to provide:

• a comprehensive collection of instructional materials selected in compliance with basic, written selection principles, and to provide maximum accessibility to these materials;

• materials that will support the curriculum, taking into consideration the varied interests, abilities, socio-economic backgrounds, and maturity levels of the students served;

• materials for teachers and students that will encourage growth in knowledge, and that will develop literary, cultural and aesthetic appreciation, and ethical standards;

• materials which reflect the ideas and beliefs of religious, social, political, historical, and ethnic groups and their contribution to the American and world heritage and culture, thereby enabling students to develop an intellectual integrity in forming judgments.

Complaints from parents or students regarding library materials shall be handled via a procedure established by the Superintendent. The Board shall retain final authority regarding the permanent removal of materials from the school library. The Board will not remove any library materials for the purpose of suppressing ideas but may remove materials if the Board has determined that they are educationally unsuitable.

USE OF COMPUTERS BY STAFF AND STUDENTS

Policy Text

USE OF COMPUTERS BY STAFF AND STUDENTS

General Principles

The Board of Education of the Rhinebeck Central School District is committed to the optimization of student learning and teaching and therefore encourages the use of computers and networked resources, including the Internet (a global network made up of smaller contributing networks) by its students and staff. The District encourages computer use as an integral part of the curriculum. Through software applications, on-line data bases, bulletin boards and electronic mail, the network will enhance educational experience and provide statewide, national, and global communication opportunities for staff and students.

When a student or staff member accesses computers, computer networks, and educational technology owned or operated by the Rhinebeck Central School District (RCSD), or by the Dutchess County Board of Cooperative Educational Services (BOCES), he/she assumes certain responsibilities and obligations. All access to information of this type is subject to appropriate RCSD or BOCES policies, and to local, state, federal, and international laws. RCSD expects that staff and student use of this technology will be ethical and will reflect academic honesty. Staff and students must demonstrate respect for intellectual property, ownership of data, system security mechanisms, and rights to privacy.

Each staff member or student who wishes to use the various networks available to him/her through District technology must establish a user (ID) account in order to insure the integrity of the network and Internet. Each account holder must agree to act responsibly and to comply with this Policy and the Administrative Regulations promulgated by the Board of Education and the Superintendent of Schools regarding access to and use of computers and networked information resources. Therefore, before receiving a user account (ID), each student and staff member must sign a user agreement. In the case of students, the student’s parent or guardian must also sign the user agreement.

Under no condition should an account holder give his/her password to another user. All violations of this Policy and Regulations that can be traced to an individual account name will be treated as the sole responsibility of the owner of that account. A user account is a privilege that may be suspended or revoked in the event of a breach of this Policy and Regulations by an account user. Further, a breach of this policy and regulations may be considered an act of insubordination which may result in discipline of the account holder.

Users acknowledge that in the course of using the Internet, there may occur interruptions in service beyond the control of BOCES or the RCSD, which may result in the loss of data or files. BOCES and RCSD disclaim any and all responsibility for loss of data, information or files, caused by such service interruptions.

Obligations

Staff and students are expected to make appropriate use of computer resources provided by the RCSD and the BOCES. Users must:

• Use computer resources only for authorized purposes following established procedures.

• Be responsible for all activities on an assigned account.

• Access only files and data that are your own, which are publicly available, or to which you have been given authorized access.

• Use only legal versions of copyrighted software.

• Be considerate in the use of shared resources.

• Maintain the privacy of your own password.

• Make no use of the computer for political advocacy, except where such is part of an approved, staff supervised, educational activity related to the curriculum. Such advocacy must contain a disclaimer that any opinions expressed do not represent those of the RCSD or the BOCES.

• Exercise care in the use of e-mail for appropriate purposes.

• Insure that any copyrighted material is not reproduced without the written approval of the owner of the copyright.

• Exercise care not to take ideas or writings from other individuals and offer them as their own (plagiarism).

Staff and students must not make inappropriate use of computer resources provided by the RCSD or the BOCES. The following is a partial list of examples of inappropriate use:

• Using another person’s password or revealing one’s password to another.

• Using another person’s files, system, or data without permission.

• Using computer programs to decode passwords or to access control information.

• Entering a code-protected or hidden file.

• Attempting to circumvent or subvert system security measures.

• Engaging in any activity that might be harmful to systems or to any information stored thereon, such as creating viruses, damaging files, or disrupting service.

• Vandalizing hardware or software components.

• Making or using illegal copies of copyrighted software, storing such

copies on RCSD or the BOCES systems, or sending them to other networks.

• Using mail service to harass others.

• Using profane, obscene, defamatory or other kinds of inappropriate language.

• Violating any policies of the Boards of Education of the RCSD or the BOCESBoard, or any local state, federal, or international laws.

Internet Use and Safety

Internet access is provided with the understanding that the RCSD and the

BOCES cannot control the content available on the Internet. The vast majority of sites available provide a wealth of useful information to staff and students. However, some sites may contain information that is inaccurate, offensive, defamatory or otherwise inappropriate for students. The RCSD and BOCES do not condone or permit the use of such materials in the school environment and make good faith efforts to limit access by students to such inappropriate materials.

Users who bring such material into the school environment may have their accounts suspended or terminated, may be subject to disciplinary action, and may be referred to appropriate law enforcement officials where such activities are or are suspected of being illegal.

The District shall also provide age-appropriate instruction to students regarding appropriate online behavior including, but not limited to, interacting on social networks, web sites and chat rooms, and cyberbullying awareness and response. Such instruction will be provided even if the District prohibits students from accessing social networking sites and chat rooms on District technology.

The RCSD, in accordance with the Children’s Internet Protection Act, requires all District computers with Internet access to be equipped with filtering or blocking technology that blocks access to visual depictions that are obscene, child pornography or are harmful to minors. All newly acquired computers with Internet access will have this filtering or blocking technology installed within ten (10) days of installation of such computers. This shall be documented by the District in accordance with law. The District, however, does not guarantee that students will be prevented from accessing all inappropriate locations.

Parents, staff members, and students must be aware that it is the responsibility of the user to monitor his/her own access and to use sound judgement. However, the RCSD and BOCES, through their staff members, technology and systems reviews, shall monitor or line activities of students while in school, including but not limited to use of e-mail, chat rooms and other forms of direct electronic communication, “hacking” and other unlawful activities by minors and access to materials harmful to minors.

Any user who receives harassing, threatening, or unwelcome communications shall should immediately bring them to the attention of the teacher, the building principal, or the superintendent, as appropriate.

Privacy

Users acknowledge that the network administrator may periodically need to review on-line activities in the course of performing routine maintenance of the system. Users further acknowledge that if there is reasonable suspicion of a user having violated this policy or any other RCSD or BOCES Policy or Regulation, or any applicable law, the network administrator and/or appropriate school official may require access to his/her files, including private correspondence and private files, to review on-line activities. Any administrator reviewing such files in accordance with this Policy shall not be subject to any claims arising out of such review.

The RCSD and BOCES prohibit the unauthorized disclosure, use and dissemination of personal information regarding minors by their officers, employees or agents.

Due Process and Sanctions

The Rhinebeck Central School District considers any violation of this policy to be a serious offense. Any account user who after due process has been afforded, is determined to have used district computers, networked information resources and/or the Internet in violation of this Policy, may have his/her use account suspended and/or revoked. A breach of the terms of this Policy and any implementing Regulations may also result in disciplinary action consistent with applicable laws and regulations, the Student Code of Conduct, and applicable collective bargaining agreements. A breach of the terms of this Policy shall result in a referral to appropriate law enforcement officials where the breach involves suspected illegal or criminal activities.

FIELD TRIPS AND EXCURSIONS

Policy Text

Class field trips, planned for specific educational purposes, can be an integral part of the school program, and are encouraged. They should pertain to a specific element of the curriculum. All requests for field trips must receive prior approval from the building principal.

Transportation for field trips shall be provided by the district. Other arrangements such as private and public transportation may be used, but approval by designated school officials is necessary.

Overnight Trips

School sponsored overnight trips require the approval of the Superintendent and the Board. A preliminary written proposal for a field trip must be approved by the Principal and the Superintendent of Schools. Final approval by the Board of Education will be required after details of student participation, confirmed itinerary and costs, chaperones and general parent support are available. The costs for overnight trips of extracurricular organizations will be borne by the participants or the sponsoring organization.

Planning for All Trips

Planning of all trips should begin far enough in advance of the proposed trip dates, in order that fund raising activities may be carried on if there are students who wish to participate who cannot pay the proposed cost. No students shall be denied the opportunity to participate because of inability to pay the proposed fees.

Insurance Coverage

Where a school trip is to be out of the state, it is necessary that the insurance company (agent) be put on notice of the destination of the trip, dates, student participants, chaperones, and the nature of the trip 30 days prior to the trip, and with the approval of the Board of Education.

GUIDANCE PROGRAMS

Policy Text

Guidance programs will be available for all students in grades K-12 to ensure effective participation in their current and future educational programs.

In grades K-5, the guidance program shall be designed in coordination with the teaching staff to prepare students’ educational programs, to help students who exhibit any attendance, academic, behavioral or adjustment problems, to educate students concerning avoidance of child sexual abuse, and to encourage parental involvement.

In grades 6-12, the guidance program shall include the following activities or services:

1. an annual review of each student’s educational progress and career plans, with such reviews to be conducted with each student individually or with small groups by personnel certified as school counselors;

2. instruction to help students learn about various careers and about career planning skills conducted by personnel certified as school counselors, or by classroom teachers in cooperation with school counselors;

3. other advisory and individual or group counseling assistance to enable student to benefit from the curriculum, to help students develop and implement post-secondary education and career plans, to help students who exhibit any attendance, academic, behavioral, or adjustment problems and to encourage parental involvement, provided that advisory assistance shall be provided by teachers or counselors, or by certified teaching assistants under the supervision of counselors or teachers, and that such individual or group counseling assistance shall be provided by certified school psychologists in cooperation with school counselors; and

4. the services of personnel certified as school counselors.

The Superintendent of Schools shall provide for the development of a district plan which shall present guidance program objectives, describe expectations of what students will learn from the program, activities to accomplish the objectives, specification of staff members and other resources assigned to accomplish the objectives, and provision for the annual assessment of program results. The plan shall be reviewed annually by the school district, and revisions shall be made as necessary.

GRADING SYSTEMS

Policy Text

Grading is considered a positive tool to indicate achievement and development in each class or subject in which a student is enrolled. The Board of Education recognizes that the classroom teacher has the primary responsibility to evaluate students and determine student grades.

The district will use a uniform grading system. Classroom teachers will evaluate students and assign grades according to the established system.

It is to be recognized that a student is an individual with his/her own abilities and capabilities. It is also recognized that an individual is part of a society which is achievement oriented and competitive in nature. Hence, when a student’s achievement is evaluated, attention should be given to his/her unique characteristics and to accepted standards of performance in the educational setting.

Grading will be based, in part, upon student improvement, achievement, and participation in classroom discussions and activities as guided by the New York State and local learning standards (see 5100, Student Attendance). Parent(s)/Guardian(s) will be informed regularly, at least four (4) times a year, of their child’s progress. The use of marks and symbols will be appropriately explained.

Grading will not be used for disciplinary purposes, i.e., reducing grade for an unexcused absence, although a lower grade can be given for failure to complete assigned work or for lack of class participation.

All students are expected to complete the assigned class work and homework as directed. Students are also expected to participate meaningfully in class discussions and activities in order to receive course credit. If work is missed due to absence, the student is expected to make up the work. The student and/or the student’s parent(s) or guardian(s) should discuss with the student’s teacher an appropriate means of making up the missed work. With the possible exception of absences intended by the student as a means of gaining an unfair academic advantage (e.g., to secure more time to study for a test), every effort will be made to provide students with the opportunity and assistance to make up all work missed as a result of absence from class (see 4760, Makeup Opportunities).

The professional judgment of the teacher should be respected. Once a grade is assigned to a student by a teacher, the grade may only be changed by a district administrator after notification to the teacher of the reason for such change. Should an administrator enforce a grade change, he/she shall be prepared to report to the Superintendent of Schools and/or the Board.

EXAMINATIONS

Policy Text

The Board of Education requires the Superintendent of Schools and his/her professional staff to maintain a continuing evaluation of the progress of students. A final examination or culminating project shall be administered at the conclusion of each credit-bearing course. Other testing relating to a course shall be administered in the judgment of the teacher.

The building principal may permit a student to take a Regents examination without having taken the course, as outlined in the Regulations of the Commissioner of Education.

REPORTING TO PARENTS

Policy Text

A continuous effort will be made to inform parents of each student’s progress, through the use of quarterly report cards, parent conferences and telephone calls.

Elementary Level (K-5)

Report cards will be provided to parents/guardians at the end of each quarterly marking period. Progress reports may be sent in the middle of each quarter. In addition, parent conferences will be conducted at the end of the first, and if necessary, third marking period.

Parents/guardians will sign and return the report card envelope at the end of the first, second, and third reporting periods. Report cards will be kept by the parents at the end of the school year. A school copy of each report card will be maintained by the classroom teacher and placed in the student’s cumulative folder at the end of the school year.

Middle School and High School [Secondary] Levels (6-12)

Report cards will be mailed to the parents/guardians of each student at the end of each of the first three quarters. In the middle of each quarter, interim reports will be sent home for students who are progressing poorly or failing individual subjects. For any unique situation that a teacher feels warrants informing the parent, an interim report will be completed. This may include exceptional progress, conduct problems, or a lack of effort.

Additional progress reports may be made as needed. This may include written weekly reports, parent conferences, or telephone conversations pertinent to a student’s progress.

Title I and Academic Intervention Services Students

Parents/guardians of students receiving Title I and/or Academic Intervention Services (AIS) shall be provided with quarterly written reports on their child's progress, opportunities for parent conferences or consultations each semster, and suggestions for working with the student at home. Copies of letters sent to parents/guardians relating to a particular situation or problem will be kept in the student's folder.

Each student who receives Title I or AIS services will be monitored and evaluated frequently for academic progress.

District Reference

,

General Reference

34 CFR §200.34(c)(l)(i) (ESEA Title I Program in Local Educational Agencies) 8 NYCRR Part 149, subparts 149-1; 149-3

TESTING PROGRAMS

Policy Text

The Board of Education recognizes that an established testing program facilitates the gathering and utilization of objective information about the student for use by counselors, teachers, administrators, and parents in improving instruction and learning situations to better meet the needs of all students.

A regular testing program will be established for administering standardized tests to all students at designated points in their programs from grades K-12. The purpose of the testing program is to help:

2. educators and parents make better judgments about individual students;

3. educators make better judgments about groups of students and about curriculum implementation.

The established testing program shall include a sequence achievement and other tests administered at prescribed grade levels, and shall be under continuous study by qualified specialists and administrative personnel as reflected in the K-12 Guidance Plan.

Tests shall be administered to all students in the areas prescribed by the State Education Department. Students falling below the statewide reference point on such tests will receive appropriate Academic Intervention Services designed to help them improve and meet State learning standards.

The information drawn from standardized tests should be used only in conjunction with all the other information known about the student in advising him/her, or assisting the student to improve his/her work.

Test records shall be kept in such a way that teachers and parents can see each child’s growth and progress in his/her school subjects. Details concerning each test can be obtained from the building principal or the secondary guidance counselors.

HOMEWORK

Policy Text

Homework is part of the learning process and should be assigned through the exercise of the teacher’s professional judgment, consistent with best practice as identified in educational research and learning theory. Homework must be relevant to the course content being studied, developmentally appropriate, and properly calibrated to a student’s knowledge and skills. Homework assignments are to be reviewed and, when submission is required, corrected and returned in a timely fashion such that appropriate feedback is provided to students.

PROMOTION AND RETENTION OF STUDENTS

Policy Text

The following guidelines shall govern student progression from grade to grade:

Early Identification/Intervention

Classroom teachers are expected to make every effort to identify early those students at risk of failing. The Building Principal and the parents/guardian must be notified promptly if retention is anticipated, and a special support program shall be designed for each child identified as in danger of failing. Such support services may include, but are not limited to, individualized assistance before, during or after the school day; remedial classes; a change in instructional treatment, and, where appropriate, referral to the Committee on Special Education for evaluation.

Promotion/Retention

Elementary level (K-5) At the elementary level, students who successfully complete the grade-level program typically will be promoted. Students who do not make satisfactory progress in one or more basic subjects -- Reading, English, Mathematics, Spelling, Social Studies and Science -- shall have their cases considered on an individual basis and may be retained.

Middle School level (6-8) Students successfully completing the grade level program of courses will be promoted to the next grade level.

High School level (9-12) At the high school level, promotion from one class to the next shall be contingent upon passing all required subjects and the accumulation of 4 or 5 units of credit at each level.

Academic standards. Building Principals shall be responsible for ensuring that written standards for student progress at each grade level are available to parents and others upon request. Such academic standards are to be forwarded to the Superintendent of Schools each year.

Retention. A decision to retain shall be arrived at by consensus from a case conference approach involving the teacher, Building Principal, school psychologist, and parent/guardian. Factors to be considered include teacher recommendation; classroom achievement and attitude; standardized test scores; social, emotional and physical development; results of the family conference; and, for identified students, recommendations by the Committee on Special Education. If a consensus cannot be reached, the decision of the Building Principal shall be final.

At the middle level, eight grade students who fail a core academic subject will need to repeat that course the following school year, successfully complete a summer school course in that subject, or successfully complete a pre-approved alternative program. Seventh and eighth grade students who fail two or more major subjects will be referred to the Building Principal, who in conjunction with the faculty and guidance department will consider the options of summer school, placement in an alternative program, or retention. Sixth grade students who receive a final report card of U in two or more major subjects will be referred to the Building Principal who will take appropriate action.

No student will be retained without an appropriate educational plan defining what will occur that is instructionally different for the student. Once the educational plan has been implemented, the student will be monitored regularly. The educational plan will be revised until the student demonstrates acceptable performance.

ACCELERATION

Policy Text

The concept of individualized learning requires that students be allowed flexibility in their educational planning. Based on a determination as to the academic and social needs of the students, acceleration may be affected after consultation among school authorities, the student, and parents.

7th and 8th Grade Acceleration

The district allows acceleration in 8th grade mathematics and in at least one of the following areas, as required by the regulations of the Commissioner of Education:

1. Science

2. Languages Other Than English

3. English

4. Social Studies

5. Art

6. Music

7. Career and Technical Education

Criteria for acceleration will be jointly determined by the high school and middle school staff and will include academic ability, maturity, and task orientation.

Testing Out

Students may earn a maximum of six and one half units of credit without completing units of study if the student meets all of the following criteria:

1. Based upon the student’s past academic performance, the Superintendent of Schools or his/her designee determines that the student will benefit academically by exercising this alternative.

2. The student is in attendance at school in accordance with the Education Law.

3. The student achieves a score of at least 85 percent, or its equivalent as determined by the Commissioner of Education, on a state developed or state approved examination.

4. The student passes an oral examination or successfully completes a special project to demonstrate proficiency as determined by the Building Principal or his/her designee.

MAKEUP OPPORTUNITIES

Policy Text

Students who are absent shall be given reasonable time to make up assignments missed during their absence. When necessary and applicable, assignments may be sent home and teachers shall be available to render necessary assistance. Students whose misconduct is directly related to the student's academic performance (e.g., plagiarism) may be denied the opportunity to make up work.

It is the student's responsibility to request all makeup assignments from subject teachers following absence from class. The student must request assignments early enough to allow adequate time for completion prior to the end of the marking quarter.

EARLY GRADUATION AND EARLY ADMISSION TO COLLEGE

Policy Text

The Board of Education will allow a student to graduate from high school early, upon the recommendation of their guidance counselor and approval of the high school Principal, if he/she completes the necessary application form by April 15 of the sophomore year and is able to fulfill all graduation requirements.

A student who presents a strong academic background and prefers to spend his/her senior year at college may do so if he/she completes the necessary forms by February 1 of the junior year indicating approval from parent, counselor and Principal. A student attending college during their senior year must also complete the requirements for high school graduation. A two semester, six credit hour college course will be accepted for one unit of high school credit. A one semester three credit hour college course will be accepted for one half unit of high school credit.

A student shall not be denied an exact class rank if he/she wishes to pursue early graduation or early admission to college.

INDIVIDUALIZED EDUCATION PROGRAM DIPLOMAS

Policy Text

The Board of Education and district staff shall comply with all federal and state requirements concerning the education of children with disabilities. All students, including those with disabilities, shall be given the greatest opportunity possible to earn a Regents or local diploma.

The Committee on Special Education (CSE) shall review the progress of all students with disabilities who will attain the age of 21 years prior to the end of the current school year and those students with disabilities who have received 12 years of education for whom an application for a high school individualized education program (IEP) diploma has been made. The CSE shall notify the Superintendent of Schools of those students eligible to receive an IEP diploma.

Pursuant to Section 100.9(b) of the Regulations of the Commissioner of Education, a student with a disability who has attained the age of 21 and has achieved the educational goals contained in his/her current IEP shall be awarded an IEP diploma. Upon application of a student with a disability, or the student's parent(s), an IEP diploma shall be issued if the student has attended school, or received a substantially equivalent education elsewhere, for twelve years exclusive of kindergarten, if the student has achieved the educational goals specified in the student's current IEP.

The Superintendent shall file with the Commissioner of Education, within 15 days after graduation, a report concerning students awarded IEP diplomas in that school year and any other information required by the Commissioner.

Each IEP diploma shall indicate on its face that it is awarded on the basis of the student's successful achievement of the educational goals specified in the student's current IEP as recommended by the CSE.

A local certificate (or certificate of attendance) may be issued to a student with a disability who has attended at least 13 years of school beyond kindergarten and who has completed the goals of his/her IEP program “in effect during the school year in which the certificate is awarded,” but who has not completed all of the requirements for an IEP diploma.

If a student receiving a high school IEP diploma or local certificate is less than 21 years of age, such diploma or local certificate shall be accompanied by a written statement of assurance that the student named as its recipient shall continue to be eligible to attend the public schools of the district without the payment of tuition until the student has earned a high school diploma or until the end of the school year of such student’s 21st birthday, whichever is earlier.

VALEDICTORIAN/SALUTATORIAN

Policy Text

In order to acknowledge the academic achievement of students over the course of their high school careers at the annual graduation ceremony, the high school principal will designate a valedictorian and salutatorian. The valedictorian will be designated as the student who has earned the highest weighted cumulative grade point average at the conclusion of the third academic quarter of the senior year. The salutatorian will be designated as the student who has earned the next highest weighted cumulative grade point average at the conclusion of the third academic quarter of the senior year. For the purpose of making this designation, the weighted cumulative grade point averages will be calculated to the hundredths place.

Those students so designated as valedictorian and salutatorian, as well as any other student commencement speakers designated by the high school principal, will be provided with the opportunity to speak at their commencement ceremony, provided that they submit a written copy of their remarks for review by the high school principal and class advisor(s) at least two weeks in advance of the ceremony.

The high school principal and class advisor(s) will use the following guidelines in reviewing the graduation speech of each student commencement speaker: it must be grammatically correct; must not endanger the health, safety, or welfare of students; must not be libelous, vulgar, profane, or obscene; and must not threaten any person or group in the school or advocate action that would bring about discrimination on the basis of race, religion, age, disability, gender, marital status, national origin, or other discriminatory basis.

While the salutatorian and valedictorian, as well as other designated student commencement speakers, have a great deal of latitude in what they may say in their commencement addresses, the Board of Education urges them to consider in advance the appropriateness of their intended remarks and the potential effect of those remarks on their classmates, their parents, and their family. The Board does not wish to engender ill will in the community that might result, whether intentionally or unintentionally, from the remarks delivered by the graduation speakers.

APPROACH TO INSTRUCTION

Policy Text

The study of developmentally appropriate issues should help students learn how to gather and organize pertinent facts, evaluate those facts, be prepared to defend their conclusions, and respect the opinions of others.

The Board expects teachers to determine whether a particular issue is aligned with the course curriculum and thus suitable for study or discussion in any particular class. Teachers should not spend class time on any topic which they feel is developmentally unsuitable for the class or is unrelated to the established course of study.

The Board also expects teachers to follow the established curriculum and to introduce a variety of viewpoints where they may add to the discussion, with adequate and appropriate factual information. In class discussions, the teacher should help students separate fact from opinion in drawing conclusions so they are able to understand and acknowledge the difference. The teacher shall not suppress any student’s view on the issue as long as its expression is not malicious or abusive toward others.

The Board of Education encourages teachers to invite guest speakers into their classrooms to enhance the delivery of the curriculum. Teachers hosting guest speakers shall ask them prior to speaking to provide students with factual information and not to use their position to influence students through the use of propaganda or to vilify those holding contrary points of view.

Candidates for political office are prohibited from campaigning in the District’s schools or on school property during the school day, or at any other time unless administrative authorization, such as for an approved evening community event, has been secured in advance.

RELIGION AND THE SCHOOLS

Policy Text

Philosophy

The District supports an understanding of and appreciation for the diversity of religions and their customs in our community and provides a respectful, understanding, welcoming, balanced, and safe environment for all.

The District recognizes the rights of students and staff to exercise their religious freedoms, of all faiths or none, in ways that are consistent with applicable judicial decisions interpreting the religion clauses of the First Amendment of the United States Constitution. The First Amendment directs that “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof…” In accordance with the Establishment Clause, the District will not endorse specific religious practices or doctrines, neither encourage nor coerce participation in religious activity. It is the Board’s philosophy that by adhering to the principles of the Free Exercise and Establishment Clause of the First Amendment of the Constitution, the Board promotes mutual understanding and respect for the interests and rights of all individuals in the District regardless of their religious beliefs, non-beliefs, or practices. The District will maintain official neutrality regarding sectarian religious issues and will neither advance nor inhibit religion. Students and staff may express personal religious views or beliefs within the parameters of the law.

The study of literature, history, music, the arts, science, ethics, and social institutions may involve discussions including religion and the impact of religious beliefs and practices. Teachers will make their best effort to represent a balanced approach, recognizing the religions represented in our school community. The Board recognizes, however, that there will be times when a concept being taught or discussed can only be demonstrated using one or a limited number of relevant cultural or religious references. Teachers will discuss only the educational value of such concepts. Students are instructed in a climate in which ideas can be discussed in an objective way for their educational value, with an emphasis on their impact on the literature, history, music, arts, science, ethics, and / or social institutions being studied. This Board policy requires that the school environment be honest, respectful, caring and safe, and that diversity be recognized, accepted, and promoted through inclusive practices.

Instructional Practices

The Board believes that religious instruction is the responsibility of parents and religious institutions. As a means of recognizing and valuing the diversity of our students, any instruction in the classroom must be respectful of religions that may be represented by the school community and of those students with few or no religious ties, and will give equal instructional time to all groups represented in the classroom in order to maintain an inclusive learning environment. Teachers may teach about religion. Teaching about religion is viewed as instructing about the impact of religion in literature, history, the arts, and other curriculum disciplines. To ensure that the educational approach to religion is one of academic instruction, teachers must provide connections between discussions involving religion and curricular materials.

Opportunities may arise during curriculum discussions of religious holidays and/ or holy days while studying different cultures. Recognition of, and information about, holidays or holy days may focus on how and when they are celebrated, their origins, histories, and generally agreed upon meanings. Comments by a student regarding his / her beliefs should be treated with respect and may be included in the lesson based upon the educational relevancy. Presentations and activities as part of the study of religions or religious holidays/holy days should be instructional rather than celebratory.

Teachers may not promote any particular religion, or religion in general.

Activities in School

Holidays such as Easter, Passover, Kwanzaa, Rosh Hashanah, Yom Kippur, Hanukkah, Christmas, Ramadan, and others offer opportunities to teach students about a variety of cultural and religious traditions and beliefs of conscience held around the world during the school year. Classroom or other school parties or activities may not be in celebration of religious holidays. While teachers and school personnel may teach about religious holidays, they may not promote a single religion. Volunteers functioning within the District are expected to abide by this policy. It is the responsibility of the school Principal, or his/her designee, to ensure compliance on the part of school personnel as well as volunteers.

Teachers selecting student activities, seasonal music for study or performance, and developing lesson plans, should ask themselves the following four questions in order to ensure its appropriateness:

1. What is the goal?

2. Does it have a true secular, civic, or educational purpose? What is that purpose?

3. Does the primary effect neither advance, nor inhibit religion?

4. Does it avoid excessive entanglement between school and religious organizations?

To ensure that the educational approach to religion is one of academic instruction, teachers should provide connections between discussions involving religion and curricular materials. Presentations and activities as part of the age-appropriate study of religions or religious holy days should be instructional rather than celebratory. Discussion of holy days is to include the significance and generally accepted meaning of holy days observed by a balanced number of religions, whenever possible representing those observed by students within a class in addition to others deemed appropriate by the teacher in his/her effort to ensure a broad spectrum of inclusion. Artists invited to our schools to share their work, experiences, dance, etc. will be from diverse backgrounds and genres.

If the content of a classroom or school activity, program, or discussion conflicts with any child’s religious beliefs, that child may be excused from the activity, upon receipt of a written request from the child’s parent that outlines the manner in which the parent will take responsibility for providing the portion of the curriculum from which the student is to be excused.A practice of excusing students from specific activities cannot be used to justify school sponsorship of religious celebrations, worship for the remaining students, or for presenting an unbalanced educational experience in our schools.

Music Instruction

Music with a religious text or of a religious origin comprises a substantial portion of music. The presentation of religious music, primarily for its musical content, literary importance, or historical value is appropriate. Teachers will make their best effort to maintain a balanced approach, with respect for religions represented in our school community. The Board recognizes, however, that there will be times when a concept being taught or discussed can only be demonstrated using one or a limited number of relevant cultural or religious references. Teachers will discuss only the educational value of such concepts. The presentation of the music under circumstances that might reasonably suggest that it is being offered for devotional purposes, or as a religious celebration, is inappropriate. Concerts, school assemblies, and other school programs may include religious and/or seasonal music and shall be balanced with respect to religions represented in our school community. However, such activities dominated by religious music, especially coinciding with a particular religious holiday, are not appropriate.

Art Instruction

Art with a religious theme forms a large part of the art of many cultures. Learning about such art contributes to a student’s overall education. The art is to be studied as part of the educational program, and not for its religious content. Students may create religious art, but teachers may not organize the creation of religious art, in particular, if the intent is to decorate for a religious holiday.

Symbols and Displays

Displays of religious symbols or secular symbols commonly associated with religious holidays such as, but not limited to, the crèche, cross, and Star of David are permitted as a teaching aid or resource for a specific period of time when:

1. Teaching about religion in the classroom, and / or

2. They are intended to be a component of a building plan to teach about

religious customs or beliefs, and/or

3. Their purpose is to educate about multiple cultures.

These symbols must be treated with appropriate sensitivity. When creating the plan for display of religious symbols the following questions must be asked in order to ensure appropriateness:

1. What is the goal?

2. Does it have a secular, civic, or educational purpose? What is that purpose?

3. Does the primary effect neither advance, nor inhibit religion?

4. Does it avoid excessive entanglement between school and religious organizations?

Symbols from multiple cultures must be displayed at the same time as appropriate, or over the school year, in recognition of a variety of civic, seasonal, and/or cultural events. The primary intent of such displays is to be educational and multi-cultural.

Celebrations

While teachers and school officials may teach about religious holidays, they may not celebrate such holidays in school. Classroom parties may not be in celebration of religious holidays.

Staff and Volunteer Religious Expression

Teachers, staff, and volunteers may engage in private religious activity at work. They may not engage in religious activities with students, or encourage or solicit student religious, or anti-religious activities. They may not pray with students in school or when acting in their capacities as teachers or representatives of the District. Teachers, staff, and volunteers may wear religious attire, decorations such as necklaces bearing religious symbols, but should not wear clothing or other accessories containing proselytizing messages.

In responding to student questions regarding their personal religious beliefs and/ or practices, teachers, staff, and volunteers may choose not to respond. If they do choose to respond, they must maintain neutrality by not advocating or encouraging acceptance of his/her religious beliefs or practices.

Volunteers are expected to abide by this and all District policies.

School Calendar

The school calendar shall be prepared in a way that minimizes conflict with religious holidays of all faiths. A sincere attempt will be made not to schedule graduation, assemblies, and other special school and student events on religious holidays, or days of religious observance. In the case of prolonged or weekly observance by a particular group represented in our community, sincere attempts will be made to rotate scheduling of such school events in order to ensure opportunities for student participation over time. If conflicts occur, sensitivity and flexibility need to be exercised.

The Rhinebeck Central School District ’s published calendar will note major religious holidays of importance in our community, which will be reviewed annually.

Request for Clarification

With full understanding that the issues surrounding religious diversity and the freedom of expression are deep and complex, the District is committed to reflecting upon and answering questions that are brought by students, parents, or staff. Individual concerns, questions, or issues should be brought to the attention of the building Principal. The Superintendent of Schools will keep the Board of Education apprised of said concerns, questions, or issues raised regarding this policy throughout the school year.

The Superintendent or designee is charged with developing Regulations in accordance with this policy.

NATIONAL HISTORIC EVENTS IN THE SCHOOLS

Policy Text

To promote patriotism and the education of our students about events affecting our nation’s history, age appropriate activities and lesson plans conducted in school commemorating non-religious national holidays and historic events are encouraged.

ANIMAL DISSECTION

Policy Text

The Board of Education recognizes that animal dissection is an integral part of the study of living things and instruction in the life sciences. The Board also recognizes that some students may have a moral or religious objection to dissection or otherwise harming or destroying animals.

In accordance with Section 809 of the Education Law, any student who objects to dissecting animals may opt-out of dissection activities, provided that the student performs an alternative project through which he or she can learn and be assessed on material required by the course. An alternative project may include, but is not limited to, computer programs, internet simulations, plastic models, videotapes, and digital videodiscs, and is subject to prior approval by the student’s teacher. The student’s objection must be substantiated in writing by the student’s parent/guardian.

At the start of each year, teachers of courses that include animal dissection shall give written notice to the students in those classes and to their parents/guardians of the right to opt-out of animal dissection and to perform an alternative activity.

No student shall be discriminated against based upon his or her decision to exercise the right to opt-out of animal dissection.

RACIAL HARASSMENT OF STUDENTS

Policy Text

The Board of Education is committed to safeguarding the rights of all students within the school district to learn in an environment that is free from racial discrimination, including racial harassment. Racial harassment of students can originate from a person of the same or different race of the victim including peers, employees, Board members or any individual who foreseeably might come in contact with students on school grounds or at school-sponsored activities. The term "race" is used throughout this policy to refer to all forms of discrimination prohibited by Title VI - - that is, race, color, and national origin.

Racial harassment of students consists of different treatment on the basis of race and is recognized in two different forms:

1. when the district's employees or agents, acting within the scope of official duties, treat a student differently than other students solely on the basis of race; or

2. when the education environment is not kept free from discrimination because the harassing conduct is so severe, pervasive or persistent that it interferes with or limits the ability of a student to participate in or benefit from the services, activities or privileges provided.

The Board also prohibits any retaliatory behavior against complainants or any witnesses.

Any student who believes that he/she has been subject to racial harassment should report the alleged misconduct immediately so that corrective action, up to and including discharge of an employee or suspension of a student, may be taken at once. The complainant shall not be discouraged from reporting an incident of alleged racial harassment. In the absence of a victim's complaint, the Board, upon learning of, or having reason to suspect the occurrence of any racial harassment, will ensure that an investigation is promptly commenced by appropriate individuals.

The Superintendent of Schools is directed to develop and implement specific procedures on reporting, investigating and remedying allegations of racial harassment. Such procedures are to be consistent with any applicable provisions contained in the district's policy manual, collective bargaining agreements, the tenure laws as well as other federal and state laws on racial harassment. Training programs shall be established for students and employees to raise awareness of the issues surrounding racial harassment and to implement preventative measures to help reduce incidents of racial harassment.

A copy of this policy and its accompanying regulation is to be distributed to all personnel and students and posted in appropriate places.

STUDENTS WITH DISABILITIES PURSUANT TO SECTION 504

Policy Text

The Board of Education shall ensure that no student is discriminated against in programs or activities receiving federal financial assistance. Individuals protected by Section 504 of the Rehabilitation Act of 1973 are those individuals who: have a physical or mental impairment which substantially limits one or more major life activities (e.g. caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working); have a record of such impairment; or are regarded as having such an impairment. Students who qualify for protection under Section 504 are: of an age during which non-disabled children are provided preschool, elementary or secondary education services; of an age during which it is mandatory under state law to provide such educational services to disabled children; or to whom a state is required to provide a free appropriate public education (e.g. under IDEA).

The Board shall identify, evaluate, refer, place, provide adaptations for and review all eligible students with disabilities. Students with disabilities pursuant to Section 504 shall be provided a free appropriate public education which may include, but is not limited to, providing a structured learning environment; repeating and simplifying instructions about in-class and homework assignments; supplementing verbal instructions with visual instructions; using behavioral management techniques; adjusting class schedules; modifying test delivery; using tape recorders, computer-aided instruction, and/or other audiovisual equipment; selecting modified textbooks or workbooks and tailoring homework assignments or modification of nonacademic times such as lunchroom, recess and physical education.

The district official responsible for coordination of activities relating to compliance with Section 504 is the Superintendent of Schools. The Superintendent shall provide information including complaint procedures to any person who feels his/her rights under Section 504 have been violated by the district or its officials.

COMPREHENSIVE STUDENT ATTENDANCE POLICY

Policy Text

The Board of Education, in accordance with the state Education Law, requires that each minor regularly attend school full-time from the first day of session in September of the school year in which the minor becomes six years of age through the last day of the school year in which such minor becomes 16 years of age, unless he/she has completed a four-year high school course of study. He/She may attend a school other than a public school or receive home instruction, provided the instruction is equivalent to that given in the public schools.

It shall be the responsibility of the Superintendent of Schools to prepare and the Board to enact appropriate rules and regulations to monitor the attendance of all children below the age of 16 and those above 16 but less than 18 who have chosen to work full time but are unemployed. Such rules shall include a provision to contact the home at the start of a period of unexcused absence, and establish minimum attendance requirements.

COMPULSORY ATTENDANCE AGE

All children are required by law to attend school full time, from the first day of session in September of the school year in which the minor becomes six years of age through the last day of the school year in which such minor becomes 16 years of age, unless he/she has completed a four-year high school course of study. A minor who has completed a four-year high school course of study is not required to attend.

Students exceeding the compulsory attendance age may withdraw from school with or without parental consent. However, every effort shall be made to involve parents in such a serious decision.

Children who reach their fifth birthday on or before December 1st of the year of matriculation will be admitted to kindergarten. Proof of age must be presented in the form of a birth certificate, baptismal certificate, or passport.

All students over five years of age and under 21 who do not possess a high school diploma are entitled to attend public school in the district where he or she resides.

MAINTENANCE OF ATTENDANCE RECORDS

In accordance with state law and regulations, it is the policy of the Rhinebeck Central School District to ensure the maintenance of adequate attendance records verifying the attendance of all children at instruction and the creation of the means to examine attendance patterns so as to develop effective intervention strategies to improve student attendance.

It is the objective of this policy to encourage each student to attend school on time for the maximum number of days and instructional periods possible. In furtherance of this objective, the District shall utilize strategies such as positive attendance incentives and appropriate disciplinary and other consequences, as well as the integration of attendance standards for the purposes of conferral of course credit.

Attendance records will be maintained by the school secretaries for grades K-6 and the attendance clerk for grades 6-12 on a daily basis. District-wide attendance reporting and accounting will be done by the Superintendent’s secretary.

Any student absent from school for reasons other than a school-authorized activity, shall bring a dated excuse, verified by a parent’s or a guardian’s signature, upon the student’s return to school.

School officials shall be diligent in their efforts to correct persistent patterns of illegal/unexcused absence on the part of students.

I. Record Keeping

A. Effective no later than July 1, 2003, attendance record keeping shall conform to the following:

1. As a non-departmentalized K-5 school, Chancellor Livingston Elementary School shall have attendance taken once each day.

2. As schools with departmentalized grades, Bulkeley Middle School and Rhinebeck High School shall have attendance taken in each period of scheduled instruction, with an exception for consecutive periods where classes are in the same room.

3. In Grades K-12, any absence for a school day or part of a school day shall be recorded as excused or unexcused as provided for in this policy.

4. In Grades 6-12, events of tardiness shall be recorded as excused or unexcused as provided for in this policy.

5. In Grades K-12, events of late arrival or early departure shall be recorded as excused or unexcused as provided for in this policy.

6. A record shall be maintained of each scheduled day of instruction during which school is closed for all or part of the day because of extraordinary circumstances including adverse weather, failure of the heating system or water supply, fuel supply shortage or structural damage to the building, etc.

7. A record shall be made of the date when a student withdraws from enrollment or is dropped from enrollment in accordance with §3202(3-a) of the Education Law.

B.All entries in the register of attendance shall be made by a teacher or another employee designated by the Board of Education. Any individual authorized

to make entries in the register of attendance shall, by oath or affirmation, verify the contents of the entries.

C.The register of attendance shall consist of any written or electronic record to

record attendance, absence, tardiness or early departure of a student. The

register shall be maintained for every period that a student is scheduled to attend actual instruction or supervised study during the course of the school day during the school year, from July 1st through June 30th. The register at every school building shall include separate notations regarding student presence, absence, tardiness and early departure. The contents of the register for each student shall contain the information prescribed in regulations of the Commissioner of Education (Part 104).

D.The coding system shall incorporate the following: CC for class cut (unexcused); TE for excused tardy; TR for truant (unexcused); HT for home tutoring (positive); SV for school visitation (excused); DR for doctor or dentist appointment (excused); SU for suspended (positive); FT for field trip (positive); ISA for in-school activity (excused); ILL for illness (excused); CS for community service (excused); CT for court date (excused); DF for death in the family (excused); AT for action taken (positive); TDY for unexcused tardy; UNX for unexcused; SE for school event (excused); EXC for excused; N/R for note without legal reason (unexcused); JS for job shadow (excused); and UNV for unverified absence.

II. Excused and Unexcused Absences

The Board recognizes the following as excused student absences, each of which must be verified by the student’s parent/guardian or school personnel, where applicable:

1. Personal illness

2. Illness or death in the immediate family

3. Religious observance

4. Required attendance in court

5. Approved school-sponsored activities, including field trips, interscholastic athletics, musical and other competitions

6. Directed or authorized presence at the Administrative Offices or Nurse’s Office.

7. Quarantine

8. Dental and medical appointments

9. Military obligations

10. Approved cooperative/work study program

11. College visitations only for juniors and seniors, with the prior knowledge and approval of parents and counselors, so long as it does not exceed 4 days in a school year.

12.Unsafe travel conditions

Any absence not provided for on the excused list shall be deemed an unexcused absence.

The Board strongly discourages parents from taking their children out of school for the purpose of a family trip or vacation. If such a situation is unavoidable, parents should provide advance notice to the main office staff. All work must be completed within a reasonable period of time upon the child’s return, as determined by the teacher.

Students in grades 6-12 may be excused from daily instructional requirements

during designated Regents days. Attendance need not be taken on a Regents examination day. However, regents days will be counted toward fulfilling the minimum 180 required days of instruction for the year.

Each absence must be accounted for. It is the parent’s/guardian’s responsibility to notify the office on the morning of an absence. It is essential that parents/guardians provide a written excuse for each absence.Such excuse should contain the reason and date of absence. The written excuse must be presented by the student on the day when returning to school following such absence.

III. Student Absenteeism

Educational research indicates that regular class attendance is highly correlated with academic success. There is no educational substitute for high quality teacher-student interaction in a classroom environment. From time to time, students may be absent from school due to illness, family obligations, and so on. It is the responsibility of the secondary school student to keep up with any work or instruction missed. In the event that students display chronic absences from school, the following provisions will be adhered to.

The following provisions and definitions will apply for this policy:

A. Students who are more than fifteen minutes late for a class will be considered absent from the class.

B. Students will not be counted as absent for the following reasons:

1. External suspension

2. In-school suspension

3. Long-term illness when the school has arranged for the student’s

educational needs (i.e. home tutoring)

4. A student on a field trip will receive positive attendance for the entire

day.

Attendance interventions

Before a student is absent nine (9) days in a semester course, or nineteen (19) days in a full year course, or when a student exhibits a pattern of unexcused absences or tardiness, the building administrator or his/her designee will meet with the student and discuss measures that can be taken to improve attendance. Also at this time, a letter will be sent to the parent(s)/guardian(s) with a notification of these absences and concern regarding academic achievement. The building administrator or his/her designee will also make contact with the parent(s)/guardian(s) by telephone or in person at a meeting scheduled for this purpose and will document this contact.

• Discussions with the student’s guidance counselor or the Assistant Principal

• Permanent or temporary suspension ofextra-and co-curricular activity privileges, including but not limited to athletics, clubs meetings and activities, and dances

•Permanent or temporary suspension of early dismissal, late arrival, or open campus privileges

•Reassignment to academic study halls

IV. Encouraging Student Attendance

A. With the approval of the Building Administration, in consultation with guidance services, teachers at the elementary level shall utilize attendance incentives (addressing not only attendance but also tardiness and early departure as well), including recognition of students with good attendance and commendation certificates issued to the student’s parent(s)/guardian(s).

B. At the middle school and high school levels, class cutting shall be deemed aninfraction of the Code of Conduct in the nature of insubordination to the teacher and school administration. The Code shall prescribe a range of disciplinary interventions to address class cutting.

C. In the event that the school level interventions have not improved the student’s attendance, the Principal may recommend interventions such as a Person In Need of Supervision (PINS) petition to the Family Court and/or contact with the appropriate social services agency to initiate a neglect petition.

B. The Board of Education shall annually review building level student attendance records to determine if the comprehensive student attendance policy is effective. If a decline in attendance is evident, the Board shall revise the policy as deemed necessary to improve student attendance.

VI. Distribution of Policy

The Superintendent of Schools, at the direction of the Board of Education, shall publish to the community information about the District’s Comprehensive Student Attendance Policy. The policy shall be available and explained at student assemblies, at assemblies on open school nights (if any), and a plain language summary of the policy shall be prepared for distribution to parents/guardians. Each teacher and new teacher(s), promptly upon hire, shall be provided with a copy of the policy and any amendments thereto. Copies of the policy shall also be maintained by the District’s Records Access Officer for issuance upon request by any interested party.

SCHOOL CENSUS

Policy Text

Pursuant to the Education Law, every two years a school census will be taken which will include all minors between birth and 18 years of age and those with disabilities, from birth until the age of 21.

Special notation will be made of those residents with disabilities under the age of 21, in order that the register of such residents may be revised annually by the CSE as required by law.

SCREENING OF NEW SCHOOL ENTRANTS

Policy Text

The Board of Education shall provide for the screening of every new entrant to school for disability, giftedness, and/or limited English proficiency. Such screening shall include, but not be limited to a physical examination, including proof of immunization as required by law; and a language development assessment.

Parents of children to be screened shall receive information in advance regarding the purpose of screening, the areas to be screened, and the referral process. This information shall be communicated either verbally or in writing in the parents’ primary language.

Parents have the right to request information regarding their child’s performance during screening. All information collected through the screening program will be subject to the provisions of the Family Educational Rights and Privacy Act (FERPA). Parents shall be informed of their right to privacy, their right to access to the records, and their right to challenge those records should they be inaccurate, misleading, or otherwise inappropriate.

If such screening indicates a possible disability, a referral shall be made to either the CPSE or CSE and reported to the Superintendent of Schools. In cases of a child’s possible giftedness, parents shall be notified in writing. Such notice, however, will not entitle the child to receive services for the gifted. Parents of a child who has been designated as limited English proficient (LEP) shall be informed by school authorities of the student’s placement in an instructional program.

HOMELESS CHILDREN AND YOUTH

Policy Text

Families may lose their housing for a variety of reasons, including high housing costs and economic circumstances. Young people also may leave their homes due to abuse, neglect, and family conflict. Children and youth who have lost their housing live in a variety of places, including motels, shelters, shared residences, transitional housing programs, cars, campgrounds, and others locations. Their lack of permanent housing can lead to potentially serious physical, emotional, and mental consequences. The Rhinebeck Central School District will ensure that all children and youth, including those that are homeless, receive a free appropriate public education and are given meaningful opportunities to succeed in our schools, according to the requirements of the McKinney-Vento Act.

Pursuant to Commissioner’s Regulations, a "homeless child" means a child or youth who lacks a fixed, regular, and adequate nighttime residence, including a child or youth who:

is sharing the housing of other persons temporarily due to a loss of housing, economic hardship, or a similar reason;

is living in motels, hotels, trailer parks or camping grounds due to the lack of alternative adequate accommodations;

is abandoned in a hospital;

is awaiting foster care placement;

is a migratory child who qualifies as homeless in accordance with Commissioner’s Regulations;

has a primary nighttime location that is:

a supervised, publicly or privately operated shelter designed to provide temporary living accommodations including, but not limited to, shelters operated or approved by the state or local department of social services and residential programs for runaway and homeless youth; or

a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings, including a child or youth who is living in a car, park, public space, abandoned building, substandard housing, bus or train station or similar setting.

is considered an unaccompanied youth, i.e. a homeless child (for whom no parent or person in parental relation is available) or youth not in the physical custody of a parent or legal guardian, and not a child or youth who is residing with someone other than a parent or legal guardian for the sole reason of taking advantage of the schools of the district.

A "homeless child" shall not include a child in foster care or receiving educational services pursuant to Sections 3202(4), (5), (6), (6a), or (7) or Articles 81, 85, 87, or 88 of the Education Law.

Under federal law, homeless children and youth must have access to an appropriate public education and be given full opportunity to meet state and local academic achievement standards. They must be included in state- and district-wide assessments and accountability systems and will be free from discrimination, segregation, and harassment.

Enrollment of homeless children shall not be delayed and their ability to continue or participate in the educational program shall not be restricted due to issues such as transportation; immunization requirements; residency requirements; birth certificates, medical records, individualized education programs, school records and other documentation; guardianship issues; comprehensive assessment and advocacy referral processes; resolution of disputes regarding school selection; proof of social security numbers; attendance requirements; sports participation rules; inability to pay fees associated with extracurricular activities such as club dues and sports uniforms; or other enrollment issues.

The District will immediately enroll homeless children and youth, even if the records normally required for enrollment (including medical examinations and immunizations) are not available at the time of enrollment. After the student is enrolled, the Homeless Liaison will immediately make a written request to the school district where the homeless student’s records are maintained for a copy of such records and, if needed, will also assist the homeless student to obtain immunizations. The school district shall provide homeless children and youth with access to all of its programs, activities, and services to the same extent that they are provided to resident students. Homeless children and youth shall be educated as part of the school’s regular academic program. Services must be provided to homeless children and youth through programs and mechanisms that integrate homeless children and youth with their non-homeless counterparts.

All children identified as homeless are eligible for free meals if offered in the School District without the necessity of completing an application.

Upon enrollment, a student residency questionnaire and information regarding the McKinney-Vento Act will be distributed to the appropriate persons. Pupil personnel staff will be sensitive to the possible needs of students who might seek to withdraw from school, and information will be posted in each school. The Department of Social Services will be contacted to determine if they have contact with homeless families who live in the district so that they can be given opportunities as afforded by the McKinney-Vento Act.

Transportation Responsibilities

A social services agency is responsible for providing transportation to homeless children who are eligible for benefits under Social Services Law §350-j and placed in temporary housing arrangements outside their designated districts.

The Office of Children and Family Services ("OCFS") must provide transportation for each homeless child who lives in a residential program for runaway youth and homeless youth located outside of the designated school district. The social services district or OCFS may contract with a school district or board of cooperative educational services ("BOCES") to provide such transportation. Any homeless child not entitled to receive transportation from the Department of Social Services or OCFS must be transported by the designated school district.

When the school district of the student’s current location is designated as the school district the homeless child will attend, that school district must provide transportation to the homeless child on the same basis as it is provided to resident students. If the homeless child attends the school district of origin or a school district participating in a regional placement plan, then that school district must provide transportation to and from the homeless child’s temporary housing and school.

Homeless children are entitled to transportation even if a school district does not provide transportation to non-homeless students, even if traveling across district boundaries, and during any disputes regarding school selection and enrollment. Parents may be also entitled to transportation if the student is unable to travel alone. A designated school district that must provide transportation to a homeless child may not provide transportation in excess of 50 miles one way, unless the Commissioner determines that it is in the best interest of the child.

Dispute Resolution

The District will implement the following procedures for the prompt resolution of disputes regarding school selection or enrollment of a homeless child or youth:

Provide a written explanation, including a statement regarding the right to appeal to the homeless child's or youth's parent or guardian, if the school district declines to either enroll and/or transport such child or youth to the school of origin or a school requested by the parent or guardian.

Delay for 30 days the implementation of a final determination to decline to either enroll in and/or transport the homeless child or youth or unaccompanied youth to the school of origin or a school requested by the parent or guardian of a homeless child or youth or unaccompanied youth if the parent or guardian of a homeless child or youth or unaccompanied youth commences an appeal to the Commissioner with a stay application within 30 days of such final determination.

Permit the homeless child or youth to continue to attend the school he or she is enrolled in at the time of the appeal until the Commissioner renders a decision on the stay application.

If the Commissioner grants the stay request and issues a stay order, the homeless child or youth or unaccompanied youth can continue attending the school until the Commissioner issues an appeal decision. However, if the Commissioner denies the stay request, the homeless child or youth or unaccompanied youth can be asked to leave the school immediately. If the Commissioner sustains the appeal, the homeless child or youth or unaccompanied youth can continue attending the school at issue. However, if the Commissioner dismisses the appeal, the homeless child or youth or unaccompanied youth can be asked to leave the school immediately

School District Liaison for Homeless Children and Youth

The School District shall designate an appropriate staff person as the liaison for homeless children and youth ("homeless liaison") to carry out the duties set forth in law, Commissioner’s Regulations and applicable federal and state guidance documents. The homeless liaison shall serve as one of the primary contacts between homeless families and school staff, local service providers, shelter workers and advocates and shall coordinate services to ensure that homeless children and youth enroll in school and have the opportunity to succeed academically.

Records and Reporting Requirements

If the School District, as the school district of origin, receives a request to forward student records to a receiving district, the records must be forwarded within five days.

The School District shall maintain documentation regarding all aspects of the School District’s contact with and services provided to homeless students and youth and provide such documents to the State Education Department upon request.

RESIDENCY AND ADMISSION OF NON-RESIDENT STUDENTS

Policy Text

The Board of Education has as its primary responsibility the provision of the best possible educational opportunities for the children who are legal district residents and who are of legal age to attend school.

Residency Defined

Generally, a student’ s legal school district residence is presumed to be that of his or her parents or legal guardian. Legal guardianship is defined by proper submittal of a notarized “affidavit of legal responsibility” submitted through the party’s attorney.

A student above the age of 17 living on his/her own, and not receiving financial support from his/her parent/guardian, shall be considered a resident student.

A child living in the district solely for the purpose of attending school within the district will not be considered a resident student.

In the event of parents moving to adjacent districts, students should move to their new school in a timely manner. In general, their stay should not exceed the quarter in which they are currently enrolled in the district’s schools.

Non-Resident Students

A non-resident student may be admitted to district schools upon payment to the district of the Board-adopted tuition charge, if and only if, in the judgment of the Superintendent of Schools:

1. there is sufficient space to accommodate the non-resident student;

2. they do not constitute a burden on class size or teacher load, as determined by the building principal

3. the non-resident student meets the district's criteria for admission; and

4. the admission of such non-resident student is and continues during the enrollment period to be in the best interests of the district.

5. the district has an appropriate educational placement within the district for the non-resident student

Any such request for admission of non-resident students must be made to the building principal in a timely manner. It should be clearly understood that the transportation of non-resident students to and from school is the sole responsibility of the student’s parent/guardian.

In order to help with child care situations, the district will also consider the tuition-free enrollment of an employee’s children who do not live in the district subject to the conditions stated above for the admission of non-resident students in general. However, transportation in support of child care arrangements may be provided at the discretion of the Superintendent to an employee’s non-resident children attending the district’s schools. Such transportation may be provided within the boundaries of the district only, to and from any of the district’s schools and a child care location within the district. However, such transportation may be provided only if the child care location is at an established transportation pick-up point on an established transportation route for the specific bus run in question.

Future Residents

The children of families who have signed a contract to buy, build or rent a residence in the school district may be enrolled during the semester in which they expect to become residents, without payment of tuition.

ADMISSION OF FOREIGN STUDENTS

Policy Text

Only non-immigrant foreign students who possess a valid J-1 or F-1 visa to study in the United States may be admitted to the district's high school. The Board retains the sole discretion to deny admission to any student not meeting all the requirements set forth in this policy.

Foreign Exchange Students (J-1 Visa)

The Board encourages district participation in a foreign exchange student program. Foreign exchange students will be admitted to the district high school for a one-year academic program.

1. The district recognizes only those organizations designated as “Exchange-Visitor Programs” by the United States Information Agency, pursuant to federal regulations, as sponsoring organizations for the exchange of students. Any such organization must supply proof of designation prior to recognition.

2. No foreign exchange students subject to this policy and regulation shall be brought into the district by a foreign exchange student program unless he or she has been accepted in writing as a student by the high school Building Principal or a designee.

3. Foreign exchange students will be allowed to attend school and will be provided bus transportation to and from school free of charge. When a foreign exchange student is accepted for admission pursuant to this policy